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

[2018] FWCA 3429

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

(AG2018/1388)

Earth Electrical Contractors Pty Ltd and ETU Enterprise Agreement 2017-2021

Electrical contracting industry
Deputy President Masson	MELBOURNE, 13 JUNE 2018

Application for approval of the Earth Electrical Contractors Pty Ltd and ETU Enterprise Agreement 2017-2021.

An application has been made for approval of an enterprise agreement known as the Earth Electrical Contractors 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.

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 20 June 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

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 the approval of the Earth Electrical Contractors Pty Ltd and ETU Enterprise Agreement 2017-2021. The company's employees, represented by the union, sought the Commission's endorsement of the terms and conditions outlined in the agreement. The application was made under the Fair Work Act 2009, which requires certain agreements to be approved by the Commission to ensure they meet specific criteria, including providing for the safety, health, and welfare of employees.

The legal issues the court had to address included whether the agreement met the "better off overall test" (BOOT), ensuring that employees were no worse off financially under the new terms than they would be under the applicable award or existing agreement. Additionally, the court had to examine if the agreement provided for minimum terms and conditions, including pay rates, classification, leave entitlements, and other employment conditions that were no less favourable than those provided by the relevant award or safety net award. The court also needed to determine if the agreement contained clauses that were contrary to the public interest or unfair.

The Commission reviewed the agreement's provisions and found that it met the BOOT by offering employees improved working conditions and benefits. The agreement provided for higher wages, better leave entitlements, and additional protections compared to the applicable award or existing agreement. Furthermore, the court concluded that the agreement included the required minimum terms and conditions and did not contain any clauses that were against the public interest or unfair. Therefore, the Commission approved the agreement, finding it to be in compliance with the Fair Work Act 2009 and meeting the necessary criteria for endorsement.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established