DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1901)

LIGHTMOVES PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JUNE 2018

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

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

The matter before the Fair Work Commission involved an application for approval of the Lightmoves Pty Ltd and ETU Enterprise Agreement 2017-2021. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), sought to have the enterprise agreement registered by the Commission. The respondent, Lightmoves Pty Ltd, did not oppose the application. The Union argued that the agreement contained provisions that were in the best interests of the employees covered by the agreement. The dispute centred around whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Commission considered whether the agreement was made in accordance with the processes required by the Act, including whether there was genuine bargaining and whether the agreement was in writing. Substantively, the Commission examined whether the agreement provided for terms and conditions that were no less favourable than the applicable awards or the applicable minimum entitlements set out in the Act. The Commission also considered whether the agreement contained any unfair provisions that would render it unacceptable for registration.

The Commission found that the agreement was made through genuine bargaining and was in writing, thus meeting the procedural requirements. In terms of substantive requirements, the Commission determined that the agreement provided for terms and conditions that were no less favourable than the applicable awards or the applicable minimum entitlements. The Commission also found that the agreement did not contain any unfair provisions. As a result, the Commission approved the application for registration of the enterprise agreement. The Union's application for approval of the Lightmoves Pty Ltd and ETU Enterprise Agreement 2017-2021 was successful, and the agreement was registered by the Fair Work Commission.

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