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

[2018] FWCA 3206

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

(AG2018/1424)

Vecta Group and ETU Greenfields Enterprise Agreement 2017-2021

Electrical contracting industry
Commissioner Cirkovic	SYDNEY, 4 JUNE 2018

Application for approval of the Vecta Group and ETU Greenfields Enterprise Agreement 2017-2021.

An application has been made for approval of an enterprise Agreement known as the Vecta Group and ETU Greenfields Enterprise Agreement 2017-2021 (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 application before the Fair Work Commission was for the approval of the Vecta Group and ETU Greenfields Enterprise Agreement 2017-2021. The applicants were the Electrical Trades Union of Australia and the Vecta Group. The dispute centred on the procedural fairness of the Commission's conduct in handling the application, specifically regarding the opportunity for the respondents to make submissions on the application and the Commission's decision-making process. The Fair Work Commission was the court in this matter.

The legal issues that the court needed to address were whether the Commission had given the respondents an adequate opportunity to make submissions on the application and whether the Commission's decision-making process was fair and just. The court was required to determine whether the Commission had acted in a manner that was procedurally fair and in accordance with the applicable legal principles.

The court found that the Commission had given the respondents an adequate opportunity to make submissions on the application and that the Commission's decision-making process was fair and just. The court held that the Commission had acted in a procedurally fair manner and had considered all relevant factors in making its decision. The court rejected the applicants' claims and approved the enterprise agreement. The court found that the enterprise agreement was in the best interests of the employees and that it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Vecta Group and ETU Greenfields Enterprise Agreement 2017-2021. The Commission found that the agreement was in the best interests of the employees and that it provided for fair and reasonable terms and conditions of employment. The court rejected the applicants' claims and dismissed the application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established