DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2020)

SATELVISION ANTENNA & DIGITAL SERVICES AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JUNE 2018

Application for approval of the Satelvision Antenna & Digital Services and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Satelvision Antenna & Digital Services 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application for the approval of the Satelvision Antenna & Digital Services and ETU Enterprise Agreement 2017-2021. The application was heard by the Fair Work Commission, which was required to determine if the agreement met the requirements of section 232 of the Fair Work Act 2009. The dispute centred around the agreement's provisions concerning the classification of employees and the determination of their wages.

The key legal issues before the Commission were whether the agreement appropriately classified employees according to the relevant award, and whether the wage rates specified in the agreement were consistent with the award's provisions. The Commission needed to assess if the agreement provided for fair and reasonable terms and conditions of employment, and if it met the "better off overall test." Additionally, the Commission examined whether the agreement contained appropriate dispute resolution mechanisms and if it complied with any relevant industrial relations laws.

In its decision, the Fair Work Commission found that the Satelvision Antenna & Digital Services and ETU Enterprise Agreement 2017-2021 met the necessary criteria for approval. The Commission determined that the agreement appropriately classified employees and set wage rates in line with the relevant award. Furthermore, the Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the "better off overall test." The Commission also found that the agreement contained appropriate dispute resolution mechanisms and complied with relevant industrial relations laws.

As a result, the Fair Work Commission approved the Satelvision Antenna & Digital Services and ETU Enterprise Agreement 2017-2021, effective from 1 July 2017 until 30 June 2021. The agreement is now a registered bargaining instrument, and employers and employees covered by the agreement must adhere to its terms and conditions.

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