DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1299)

IBS A.V. (AUST) PTY. LTD. T/A ENGIE SERVICES AV TECHNOLOGIES AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	SYDNEY, 4 JUNE 2018

Application for approval of the IBS A.V. (Aust) Pty. Ltd. T/A ENGIE Services AV Technologies and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the IBS A.V. (Aust) Pty. Ltd. T/A ENGIE Services AV Technologies 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 parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and IBS A.V. (Aust) Pty. Ltd. T/A ENGIE Services AV Technologies (the Employer). The Union sought approval of the Enterprise Agreement between the parties for the period 2017 to 2021. The dispute was heard in the Fair Work Commission, the industrial relations tribunal in Australia.

The primary legal issue for the Commission to decide was whether the agreement met the requirements of the Fair Work Act 2009 (Cth), particularly sections 228 and 230, which mandate that an enterprise agreement must be approved if it provides for certain minimum terms and conditions, and if it has been fairly negotiated. The Union argued that the agreement did not provide for the minimum terms and conditions, and that it had not been fairly negotiated. The Employer, on the other hand, contended that the agreement was fair and provided for all the necessary minimum terms.

In its decision, the Commission found that the agreement did meet the requirements of the Fair Work Act. The Commission noted that the agreement provided for all the minimum terms and conditions, and that there was no evidence to suggest that it had not been fairly negotiated. The Commission also found that the agreement was in the best interests of the employees, as it provided for a range of benefits, including wage increases and improved working conditions. The Commission therefore approved the agreement, and it is now legally binding on both the Union and the Employer.

In summary, the Fair Work Commission approved the Enterprise Agreement between the Union and the Employer, finding that it met the requirements of the Fair Work Act and was in the best interests of the employees. The decision highlights the importance of ensuring that enterprise agreements provide for the minimum terms and conditions, and are fairly negotiated.

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