DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1684)

ENERMECH PTY LIMITED AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	SYDNEY, 4 JUNE 2018

Application for approval of the EnerMech Pty Limited and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise Agreement known as the EnerMech Pty Limited and ETU 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.

[2] 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.

[3] 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.

[4] 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.

[5] 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.

[6] 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") and EnerMech Pty Limited (the "Employer"). The Applicant sought approval of the EnerMech Pty Limited and ETU Enterprise Agreement 2017-2021 (the "Agreement") under the Fair Work Act 2009. The dispute was heard in the Federal Circuit and Family Court of Australia.

The legal issues before the Court were whether the Agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Court had to determine whether the Agreement contained provisions that complied with the "better off overall test" and whether the Agreement was made in good faith. The Applicant argued that the Agreement was fair and reasonable, and that the requirements of the Act had been met. The Employer did not contest the application.

In determining the application, the Court examined the Agreement and the evidence provided by the Applicant. The Court found that the Agreement contained provisions that met the better off overall test and that it was made in good faith. The Court noted that the Agreement provided for a fair and reasonable outcome for the employees, and that it complied with the requirements of the Act. The Court was satisfied that the Applicant had met its burden of proof.

Accordingly, the Court approved the Agreement under section 234 of the Fair Work Act. The Agreement is now a registered agreement and will apply to the employees covered by the Agreement. The Court's decision was final and binding, and no further appeal was possible.

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