DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1787)

WALKER FIRE PROTECTION PTY LIMITED AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 4 JUNE 2018

Application for approval of the Walker Fire Protection Pty Limited and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Walker Fire Protection Pty Limited 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 matter before the Fair Work Commission involved an application for the approval of the Walker Fire Protection Pty Limited and ETU Enterprise Agreement 2017-2021. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), sought the approval of the enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval, including whether it provided for appropriate minimum terms and conditions of employment and whether it was free from any unlawful content.

The legal issues the court was required to address included determining whether the agreement contained all the prescribed minimum terms and conditions, whether any provisions were unlawful, and whether the agreement was made in good faith and without coercion. Additionally, the court examined whether the agreement provided for proper mechanisms for dispute resolution and whether the application for approval was made within the correct timeframe. The court also needed to consider whether the agreement complied with the requirements for employee consultation and whether it met the standards set out in the Fair Work Act.

In delivering its decision, the court first examined the contents of the agreement to ensure that it included all the prescribed minimum terms and conditions. It found that the agreement was comprehensive and contained the necessary provisions. The court also considered the potential for any unlawful content and determined that the agreement was free from any illegal provisions. Furthermore, the court found that the agreement was made in good faith and without coercion. The court concluded that the agreement provided for appropriate dispute resolution mechanisms and that the application for approval was timely. The court further found that the agreement complied with the requirements for employee consultation and met the standards set out in the Fair Work Act.

The court approved the Walker Fire Protection Pty Limited and ETU Enterprise Agreement 2017-2021, confirming that it met all the necessary criteria for approval. The agreement was found to be fair and balanced, providing for appropriate terms and conditions of employment, and it was free from any unlawful content. The court's decision ensures that the agreement can be implemented, providing certainty for both the employer and 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