DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2332)

AUSTRALIAN SOUND SERVICE PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2018

Application for approval of the Australian Sound Service Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Australian Sound Service 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 Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Australian Sound Service Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The dispute involved the terms and conditions of employment within the specified enterprise agreement, which aimed to regulate the relationship between the employer and its employees as represented by the union. The case was heard by the Fair Work Commission, which has the authority to approve, reject, or amend enterprise agreements to ensure they meet the requirements of the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its coverage, provisions regarding minimum entitlements, and the process through which it was made. Additionally, the Commission needed to assess whether the agreement provided for the fair and equitable treatment of employees and whether it met the "better off overall test." This test ensures that employees are not disadvantaged by the terms of the agreement compared to the applicable awards or other agreements.

The Fair Work Commission determined that the agreement met the statutory requirements and was in the best interests of the employees. The Commission found that the agreement was made in good faith and provided for fair and equitable treatment of employees. The terms regarding wages, leave, and other conditions were deemed to be at least as favourable as those provided by the relevant awards. Moreover, the Commission concluded that employees would be better off with the new agreement, satisfying the better off overall test. Consequently, the Commission approved the enterprise agreement, finding it to be fair and compliant with the Fair Work Act.

The Fair Work Commission's final order was the approval of the Australian Sound Service Pty. Ltd. and ETU Enterprise Agreement 2017-2021, effective from the date of the decision. This approval ensures that the terms of the agreement are legally binding between the employer and the employees covered by the agreement.

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