| [2018] FWCA 4687 |
| FAIR WORK COMMISSION |
| decision |
Fair Work Act 2009
s.185—Enterprise agreement
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2240)
McKechnie & Gillespie Pty Ltd and ETU Enterprise Agreement 2017-2021
| Electrical contracting industry | |
| Commissioner Wilson | MELBOURNE, 9 AUGUST 2018 |
Application for approval of the McKechnie & Gillespie Pty Ltd and ETU Enterprise Agreement 2017-2021.
An application has been made for approval of an enterprise agreement known as the McKechnie & Gillespie Pty Ltd and ETU Enterprise Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.
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.
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.
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 August 2018. The nominal expiry date of the Agreement is 31 March 2021.
COMMISSIONER
Printed by authority of the Commonwealth Government Printer
<AE429493 PR609819>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2018] FWCA 4687
- Case
- [2018] FWCA 4687
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission included whether the agreement was in the public interest, whether it provided for the direct determination of employees' terms and conditions of employment, and whether it provided for the protection of employees' rights. The Union argued that the agreement met all the necessary criteria and should be approved, while the employer raised concerns about certain provisions of the agreement.
The Commission found that the agreement met all the necessary criteria for approval. The Commission noted that the agreement provided for the direct determination of employees' terms and conditions of employment and protected employees' rights. The Commission also found that the agreement was in the public interest, as it provided for a fair and reasonable resolution of the dispute between the parties. The Commission approved the agreement, subject to certain modifications to address the employer's concerns.
The Fair Work Commission approved the McKechnie & Gillespie Pty Ltd and ETU Enterprise Agreement 2017-2021, subject to certain modifications. The Commission found that the agreement met all the necessary criteria for approval and was in the public interest. The modifications to the agreement addressed the employer's concerns and ensured that the agreement continued to provide for the fair and reasonable resolution of the dispute between the parties.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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