Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2018] FWCA 4137

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2018/2942)

Altaire Servicing Pty Limited and ETU Enterprise Agreement 2017 - 2021

Electrical contracting industry
Commissioner Gregory	MELBOURNE, 12 JULY 2018

Application for approval of the Altaire Servicing Pty Limited and ETU Enterprise Agreement 2017-2021.

An application has been made for approval of an enterprise agreement known as the Altaire Servicing 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.

The Applicant 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.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 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 case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for the approval of the Altaire Servicing Pty Limited and ETU Enterprise Agreement 2017-2021. The primary issue was whether the agreement complied with the relevant statutory requirements and protected the interests of the employees.

The legal issues the court had to address included whether the agreement was genuinely negotiated, whether it included appropriate terms and conditions for employee protection, and whether it met the criteria for approval under the Fair Work Act 2009. The Applicant argued that the agreement met all necessary criteria and was in the best interest of the employees, while any potential objections were minor and did not undermine the overall fairness and compliance of the agreement.

In its decision, the Fair Work Commission examined the negotiation process and the terms of the agreement. The Commission found that the agreement was genuinely negotiated between the parties and included appropriate terms for employee protection. It was also determined that the agreement met all the criteria for approval under the Fair Work Act 2009. Consequently, the Commission approved the agreement, noting that the minor issues raised did not significantly detract from its overall fairness and compliance.

The final orders of the Fair Work Commission were that the Altaire Servicing Pty Limited and ETU Enterprise Agreement 2017-2021 be approved as of 1 July 2017, with the understanding that the minor issues identified would be addressed through the normal operation of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established