DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2608)

B M S CONNECT PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2018

Application for approval of the B M S Connect Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the B M S Connect 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 lodged an application for approval of the B M S Connect Pty Ltd and ETU Enterprise Agreement 2017-2021. The dispute centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, including the protection of employees' rights and the facilitation of genuine bargaining. The Commission was tasked with assessing the fairness and validity of the agreement in question.

The legal issues before the Commission included whether the agreement provided for fair terms and conditions, and if it was genuinely negotiated between the employer and the union. The Commission also had to determine if the agreement complied with the statutory minimum standards set out in the Fair Work Act. Furthermore, the Commission examined if the agreement provided adequate protections for employees, including those in casual or part-time positions, and whether it allowed for a proper process of dispute resolution.

In its decision, the Commission found that the agreement met the statutory requirements and was fair and reasonable. The Commission determined that the agreement was genuinely negotiated, as evidenced by the process followed by the parties, and that it provided for fair terms and conditions of employment. The Commission also found that the agreement complied with the statutory minimum standards and provided adequate protections for employees. As a result, the Commission approved the B M S Connect Pty Ltd and ETU Enterprise Agreement 2017-2021.

The Commission's final order was the approval of the B M S Connect Pty Ltd and ETU Enterprise Agreement 2017-2021, effective from the date of the decision. The agreement will now be applicable to the employees of B M S Connect Pty Ltd and will govern their terms and conditions of employment for the duration of the agreement. The approval of the agreement ensures that the employees of B M S Connect Pty Ltd will be protected by fair and reasonable terms, and that their rights will be upheld under the Fair Work Act.

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