DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3526)

LANTRAK ELECTRICAL PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
COMMISIONER JOHNS	SYDNEY, 28 AUGUST 2018

Application for approval of the Lantrak Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Lantrak Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021. The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia union and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Lantrak Electrical Pty Ltd, a company in the electrical contracting industry. The Union sought approval of an enterprise agreement, the Lantrak Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021, which had been negotiated between the parties. The dispute centred around the adequacy of the proposed agreement and whether it met the requirements of the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement contained all the necessary terms as required by section 234 of the Act, whether it was appropriately certified by a bargaining representative, and if it was fair and reasonable under section 233. The court also considered whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. Additionally, the court examined whether the agreement provided adequate protection for employees and if it adhered to the principles of good faith bargaining.

In its decision, the Fair Work Commission determined that the Lantrak Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021 met the statutory requirements for approval. The Commission found that all necessary terms were included in the agreement, it was certified by a bargaining representative, and it was fair and reasonable. The Commission noted that the agreement provided appropriate protections for employees and was consistent with the principles of good faith bargaining. Consequently, the Commission approved the agreement, enabling it to be registered and enforced under the Fair Work Act 2009.

The final orders of the Commission were that the Lantrak Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021 be approved and registered, and that it be enforceable as a registered agreement. This decision ensures that the terms of the agreement can be implemented, providing a framework for the employment relationship between the company and its employees.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established