DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2022)

AARDVARK ELECTRICAL SOLUTIONS PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Aardvark Electrical Solutions 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 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 12 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Aardvark Electrical Solutions Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The application was made under section 234 of the Fair Work Act 2009, as the agreement had been registered by the Australian Industrial Relations Commission. The employer and the union were unable to reach an agreement on certain terms, leading to the application.

The primary legal issue before the court was whether the terms of the enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the fair and efficient determination of terms and conditions of employment, and if it complied with the relevant provisions of the Act and the Fair Work Regulations 2009. This involved examining the agreement's provisions on pay rates, working conditions, dispute resolution, and other employment terms.

The court carefully reviewed the provisions of the enterprise agreement and assessed them against the statutory requirements. It found that the agreement contained provisions for the fair and efficient determination of terms and conditions of employment, and that it complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court also considered the views of the employer and the union, and the overall fairness of the agreement. Based on this analysis, the court approved the Aardvark Electrical Solutions Pty. Ltd. and ETU Enterprise Agreement 2017-2021, and registered it under section 186 of the Fair Work Act 2009.

In light of the approval, the court made orders accordingly, and the enterprise agreement became legally binding on the employer, the union, and their respective members. The decision provides guidance on the requirements for approving enterprise agreements and the factors that the court will consider in making its 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