DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2024)

JEWEL ELECTRICS PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 4 JUNE 2018

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

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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Jewel Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The dispute arose because the union and the employer had reached an agreement on terms and conditions of employment, but required the Commission’s approval before the agreement could be enforced.

The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the protection of employees' rights and interests. This involved examining whether the agreement contained all the mandated minimum terms and conditions, and whether it was made in good faith and without coercion. The Commission also considered the fairness of the agreement’s provisions concerning wages, hours of work, and other employment conditions.

The Commission carefully reviewed the agreement, taking into account submissions from both the union and the employer. It found that the agreement contained all the mandated minimum terms and conditions and was made in good faith. The Commission also determined that the agreement’s provisions were fair and reasonable, taking into account the specific circumstances of the employer’s business and the bargaining positions of the parties. Accordingly, the Commission approved the agreement, subject to certain minor modifications to ensure compliance with the Act.

The Fair Work Commission approved the Jewel Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021, with minor modifications. This decision provides clarity for the parties and establishes a benchmark for future agreements in the sector.

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