DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/575)

ALIMAK HEK PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 14 JUNE 2018

Application for approval of the Alimak Hek Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Alimak Hek 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 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.

[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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 June 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 for the approval of the Alimak Hek Pty Ltd and ETU Enterprise Agreement 2017-2021. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the respondent was Alimak Hek Pty Ltd. The primary dispute centred on whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the union sought to confirm that the agreement provided for fair and reasonable terms and conditions of employment for the workers covered by it.

The legal issues that the commission was required to address included whether the agreement contained all the mandated terms as stipulated by the Fair Work Act, whether it ensured that employees were not disadvantaged compared to those not covered by the agreement, and if it was made in good faith and without coercion. The commission also needed to determine if the agreement provided for a fair and reasonable rate of pay and conditions for the employees.

In its decision, the Fair Work Commission found that the agreement contained all the mandated terms and provided for fair and reasonable terms and conditions of employment. The commission determined that the agreement did not disadvantage employees not covered by it and was made in good faith. The commission also concluded that the agreement provided for a fair and reasonable rate of pay and conditions for the employees. Consequently, the commission approved the enterprise agreement. The final orders included the approval of the Alimak Hek Pty Ltd and ETU Enterprise Agreement 2017-2021, which was to be registered and in effect from the date of the decision.

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