DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/794)

EXPERT SECURITY & COMMUNICATIONS PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	SYDNEY, 4 JUNE 2018

Application for approval of the Expert Security & Communications Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Expert Security & Communications 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Expert Security & Communications Pty. Ltd. (the Company). The Union sought approval of the ETU Enterprise Agreement 2017-2021, which was negotiated between the Union and the Company. The Fair Work Commission (the Commission) was the court tasked with deciding whether to approve the agreement under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. This included whether the agreement met the "better off overall test" (BOOT), which required that employees covered by the agreement be no worse off financially than they would be under the applicable award or safety net. The Commission also needed to determine if the agreement contained all the necessary provisions and met other statutory requirements.

The Commission considered various factors, including the financial implications of the agreement for employees, the bargaining power of the parties, and the terms and conditions of the agreement. The Commission found that the agreement met the BOOT, as employees would be better off overall financially under the agreement compared to the applicable award or safety net. The Commission also found that the agreement contained all the necessary provisions and met other statutory requirements. Consequently, the Commission approved the agreement.

The Commission's decision was based on a detailed analysis of the financial implications of the agreement for employees, the bargaining power of the parties, and the terms and conditions of the agreement. The Commission found that the agreement provided employees with a range of benefits, including salary increases, improved leave entitlements, and better working conditions. The Commission also found that the Union and the Company had bargaining power commensurate with the nature of the agreement and that the agreement contained all the necessary provisions and met other statutory requirements. Therefore, the Commission approved the agreement, which will now be in effect for the period 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