DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1131)

MTL ELECTRICAL & CONTROLS PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	SYDNEY, 4 JUNE 2018

Application for approval of the MTL Electrical & Controls Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the MTL Electrical & Controls 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 4 June 2018 and, in accordance with s.54, 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 matter in the Fair Work Commission involved an application for the approval of the MTL Electrical & Controls Pty Ltd and ETU Enterprise Agreement 2017-2021. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement, which had been negotiated with the employer. The dispute centred around the terms and conditions outlined in the proposed enterprise agreement, including wages, working hours, leave entitlements, and other employment-related matters.

The legal issues before the court included whether the agreement met the requirements set forth in the Fair Work Act 2009, particularly in terms of ensuring it provided for minimum entitlements, and whether it complied with the process requirements for bargaining and reaching an agreement. Additionally, the court had to consider if the agreement contained terms that were contrary to public policy or were otherwise unlawful.

The Fair Work Commission, in its decision, found that the agreement did meet the statutory requirements and did not contravene any public policy. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, leave, and other employment-related matters. The commission also highlighted that the process of bargaining and reaching the agreement was conducted in good faith and in compliance with the relevant legislative provisions. Based on these findings, the court approved the MTL Electrical & Controls Pty Ltd and ETU Enterprise Agreement 2017-2021.

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