DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3103)

MONTEC ELECTRICAL & FIRE PTY. LIMITED AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 1 AUGUST 2018

Application for approval of the Montec Electrical & Fire Pty. Limited and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Montec Electrical & Fire Pty. Limited 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

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) applied for the approval of the Montec Electrical & Fire Pty. Limited and ETU Enterprise Agreement 2017-2021. The dispute was heard in the Fair Work Commission (the Commission). The Union sought to have the enterprise agreement (the Agreement) approved under section 231 of the Fair Work Act 2009 (Cth). The Agreement contained terms and conditions of employment for employees working for Montec Electrical & Fire Pty. Limited (the Employer). The Union argued that the Agreement was in the best interests of the employees and met the requirements of the Act. The Employer did not oppose the application.

The legal issues before the Commission included whether the Agreement was a genuine enterprise agreement, whether it complied with the requirements of the Act, and whether it was in the best interests of the employees. The Union had to demonstrate that the Agreement was made by the employees and the employer, that it was made in good faith, and that it contained terms and conditions of employment that were fair and reasonable. The Commission had to consider whether the Agreement met the requirements of the Act and whether it was in the best interests of the employees.

The Commission found that the Agreement was a genuine enterprise agreement and that it complied with the requirements of the Act. The Agreement was made by the employees and the employer in good faith, and it contained terms and conditions of employment that were fair and reasonable. The Commission noted that the Agreement provided for a 24-month period of employment, with a number of provisions relating to pay, hours of work, leave, and other conditions of employment. The Commission was satisfied that the Agreement was in the best interests of the employees, and it approved the Agreement under section 231 of the Act.

The Commission approved the Montec Electrical & Fire Pty. Limited and ETU Enterprise Agreement 2017-2021, subject to certain modifications to the Agreement. The modifications included changes to the Agreement to ensure that it complied with the requirements of the Act and to provide greater clarity and certainty for the employees. The Commission noted that the modifications did not materially affect the overall terms and conditions of employment contained in the Agreement. The Employer and the Union were directed to take all necessary steps to give effect to the approved 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