DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2003)

MERCHANT ELECTRIC PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 4 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Merchant Electric 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 11 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the applicant, and the Fair Work Commission, acting as the respondent. The dispute centred around the approval of the Merchant Electric Pty Ltd and ETU Enterprise Agreement 2017 - 2021. The matter was heard in the Fair Work Commission, an Australian federal workplace relations tribunal.

The primary legal issue the court had to address was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith and whether it provided for the proper registration of employees. Additionally, the court needed to assess if the agreement contained terms that were contrary to public policy, such as those that would undermine the existing industrial safety standards.

The Fair Work Commission, in its decision, found that the enterprise agreement did not meet the necessary standards. The court highlighted that the agreement did not adequately protect employees' rights and interests, particularly concerning the provision of safety equipment and the establishment of safety protocols. The court also noted that the agreement did not sufficiently address the issue of good faith bargaining, as the terms were not negotiated fairly between the parties. Consequently, the court refused to approve the agreement.

The Fair Work Commission ordered that the Merchant Electric Pty Ltd and ETU Enterprise Agreement 2017 - 2021 be disapproved and that the agreement not be registered under the Fair Work Act 2009. The court also directed that the applicant and respondent engage in further negotiations to reach an agreement that meets the legal requirements and adequately protects the rights and interests of the employees.

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