Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2018] FWCA 3204

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2018/1881)

Stokes Technologies Construction Pty Ltd and ETU Greenfields Agreement 2018-2021

Electrical contracting industry
Commissioner Cirkovic	SYDNEY, 4 JUNE 2018

Application for approval of the Stokes Technologies Construction Pty Ltd and ETU Greenfields Agreement 2018-2021.

An application has been made for approval of an enterprise Agreement known as the Stokes Technologies Construction Pty Ltd and ETU Greenfields Agreement 2018-2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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.

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.

Pursuant to s.53(2)(b) I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

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 before the Fair Work Commission involved an application for the approval of the Stokes Technologies Construction Pty Ltd and ETU Greenfields Agreement 2018-2021. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the respondent was Stokes Technologies Construction Pty Ltd. The nature of the dispute was the terms and conditions of employment under the proposed agreement, which sought to be approved as a registered agreement under the Fair Work Act 2009.

The legal issues the court was required to decide centred on whether the proposed agreement complied with the requirements of the Fair Work Act, particularly sections concerning the good faith bargaining process, the coverage of the agreement, and the terms and conditions of employment. The court had to examine whether the agreement was genuinely negotiated in good faith and whether it contained all the prescribed minimum terms and conditions. Additionally, the court had to consider whether the agreement was likely to lead to improved industrial relations and whether it was fair and reasonable in all the circumstances.

The court found that the agreement was genuinely negotiated in good faith and that it contained all the prescribed minimum terms and conditions. The court was satisfied that the agreement covered the appropriate scope of employees and was likely to lead to improved industrial relations. The court also found that the terms and conditions of employment within the agreement were fair and reasonable. Consequently, the court approved the agreement as a registered agreement under the Fair Work Act.

The final orders of the court were that the Stokes Technologies Construction Pty Ltd and ETU Greenfields Agreement 2018-2021 be approved as a registered agreement under section 178 of the Fair Work Act 2009, effective from the date of the decision.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established