DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2334)

SYSTEMS INTEGRATION AUSTRALIA PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2018

Application for approval of the Systems Integration Australia Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Systems Integration Australia 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.

[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 8 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 matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission heard an application for the approval of the Systems Integration Australia Pty Ltd and ETU Enterprise Agreement 2017-2021. The dispute centred on the fairness and appropriateness of the proposed agreement, which was negotiated between the union and the employer. The commission was tasked with ensuring that the agreement met the statutory requirements and did not undermine the fundamental rights of employees.

The primary legal issues the commission had to address were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, and if it was appropriate to approve the agreement considering the interests of the employees. This involved examining if the agreement covered all the mandated bargaining items, if it was free from any unfair content, and if the bargaining process was conducted in good faith and without coercion. The commission also considered if the agreement provided adequate protection for employee rights and conditions of employment.

After reviewing the agreement and the submissions from both parties, the commission found that the Systems Integration Australia Pty Ltd and ETU Enterprise Agreement 2017-2021 complied with the statutory requirements and was fair and appropriate for approval. The commission noted that the agreement addressed all mandated bargaining items, contained no unfair provisions, and was the result of a good faith bargaining process. Furthermore, the agreement provided suitable protections for the employees' rights and conditions of employment. Consequently, the commission approved the agreement, ensuring that it would now be legally binding between the employer and the employees.

The final orders of the commission were that the Systems Integration Australia Pty Ltd and ETU Enterprise Agreement 2017-2021 be approved and registered with the Fair Work Commission. This decision provided certainty and stability to the parties involved, ensuring that the agreement would govern the employment conditions of the employees for the specified period.

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