DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1798)

CLIFF GOULDING AND ASSOCIATES PTY LTD T/A ACGOULDING AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JUNE 2018

Application for approval of the Cliff Goulding and Associates Pty Ltd t/a ACGoulding and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Cliff Goulding and Associates Pty Ltd t/a ACGoulding 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

The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for the approval of an enterprise agreement. The agreement, which was reached between the union and Cliff Goulding and Associates Pty Ltd trading as ACGoulding, and ETU Enterprise, was entered into on 22 November 2017 and was set to expire on 21 November 2021. The union sought to have the agreement approved under the Fair Work Act 2009, and the application was heard by the Fair Work Commission.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act and whether it was in the best interests of the employees. Specifically, the court had to determine if the agreement complied with the provisions of section 230 of the Act, which sets out the criteria for an enterprise agreement to be approved. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, including their pay and conditions, and whether it met the objectives of the Act in promoting harmonious, productive and cooperative workplace relations.

The court found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The court noted that the agreement provided for fair and reasonable terms and conditions for the employees, including their pay and conditions, and that it met the objectives of the Act in promoting harmonious, productive and cooperative workplace relations. The court also found that the agreement was appropriately tailored to the particular workplace and the needs of the employees, and that it provided for effective dispute resolution mechanisms. As a result, the court approved the agreement.

The Fair Work Commission approved the enterprise agreement between the union and Cliff Goulding and Associates Pty Ltd t/a ACGoulding and ETU Enterprise, and it will remain in effect until 21 November 2021. The court's decision provides clarity and certainty for the parties involved and ensures that the agreement meets the requirements of the Fair Work Act.

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