DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/3036)

ASSET ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 19 JULY 2018

Application for approval of the Asset Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Asset Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021 (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 26 July 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 applicant union brought an application before the Fair Work Commission for the approval of the Asset Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021. The respondent employer opposed the application, submitting that the agreement contained provisions that did not meet the requirements of the Fair Work Act 2009. The matter was heard by the Commission, which was required to determine whether the provisions of the agreement were compliant with the statutory requirements.

The primary legal issue before the Commission was whether certain provisions in the agreement contravened the Act, specifically whether they fell outside the scope of permissible matters for negotiation under the Act, or whether they failed to meet the requirements for low paid workers and apprentice rates of pay. The Commission needed to consider the scope of permissible matters for negotiation, the requirements for low paid workers, and the process for setting apprentice rates of pay.

In its decision, the Commission found that the provisions in question were within the scope of permissible matters for negotiation under the Act. It held that the provisions for low paid workers were compliant with the requirements of the Act, as they provided for a minimum rate of pay that was consistent with the relevant award. The Commission also found that the process for setting apprentice rates of pay was compliant with the Act, as it involved the agreement of the parties and the approval of the Commission. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the Asset Electrical Services Pty Ltd and ETU Enterprise Agreement 2018-2021, subject to the terms and conditions set out in the decision. The Commission found that the provisions of the agreement were compliant with the requirements of the Fair Work Act 2009, and accordingly, granted the application for approval.

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