DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2276)

SP & JD PTY LTD T/A C.C.E. CENTRAL COMMUNICATIONS & ELECTRICAL CONTRACTORS AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 9 AUGUST 2018

Application for approval of the SP & JD Pty Ltd t/a C.C.E. Central Communications & Electrical Contractors and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the SP & JD Pty Ltd t/a C.C.E. Central Communications & Electrical Contractors 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.

[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] 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.

[5] 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

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the ETU Enterprise Agreement 2017-2021 between SP & JD Pty Ltd t/a C.C.E. Central Communications & Electrical Contractors and its employees. The application was made under section 232 of the Fair Work Act 2009. The union sought the agreement's registration, arguing it met the "better off overall test" as required by section 230 of the Act. The employer did not oppose the application, and the union submitted that the agreement was fair and reasonable.

The court had to determine whether the proposed agreement satisfied the "better off overall test" outlined in the Fair Work Act. This test requires the agreement to provide employees with no less financial or non-financial benefits than they would receive under the applicable award or safety net. The union submitted that the agreement was beneficial to employees by providing them with improved wages and conditions compared to the relevant award. The employer did not contest the application, and the union argued the agreement met the test by providing employees with better wages, leave entitlements, and other conditions.

In approving the application, the Commission found that the agreement provided employees with financial benefits that were at least equal to those provided under the applicable award or safety net. The Commission also found that the agreement provided employees with additional non-financial benefits, such as improved leave entitlements and other conditions. The Commission concluded that the agreement met the "better off overall test" and approved the application for registration. The union's application was therefore successful.

The Commission ordered that the ETU Enterprise Agreement 2017-2021 be registered, effective from the date of the decision. The agreement was to apply to all employees of SP & JD Pty Ltd t/a C.C.E. Central Communications & Electrical Contractors who were covered by the agreement's provisions. The employer was required to comply with the terms of the agreement, and the union was authorised to take any necessary action to enforce the agreement's provisions. The decision provides clarity on the approval process for enterprise agreements and reinforces the importance of meeting the "better off overall test" in ensuring that employees receive fair and reasonable benefits.

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