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

[2018] FWCA 3161

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

(AG2018/1247)

M Squared Electrical Pty Ltd and ETU Enterprise Agreement 2017 - 2021

Electrical contracting industry
Commissioner Cirkovic	SYDNEY, 1 JUNE 2018

Application for approval of the M Squared Electrical Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the M Squared Electrical 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.

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. 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.

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.

The Agreement was approved on 1 June 2018 and, in accordance with s.54, will operate from 8 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 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the M Squared Electrical Pty Ltd and ETU Enterprise Agreement 2017-2021. The dispute centred around the terms and conditions of employment for workers covered by the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement complied with the Fair Work Act 2009 and met the necessary standards for approval.

The primary legal issues the Commission needed to address included whether the agreement was a genuine enterprise agreement, whether it contained all the mandatory terms required by the Fair Work Act, and whether it complied with the "better off overall test" to ensure that employees were not disadvantaged by the terms of the agreement. The Commission also had to consider whether the agreement was free from any unlawful content, such as provisions that could lead to discrimination or undermine the rights of employees.

In making its decision, the Commission examined the evidence and submissions provided by the parties. It found that the agreement was a genuine enterprise agreement, negotiated in good faith and covering a defined group of employees. The Commission confirmed that the agreement included all mandatory terms and met the better off overall test, as it provided for improvements in pay and conditions for the employees. The Commission also determined that the agreement was free from any unlawful content and did not contravene any provisions of the Fair Work Act. Based on this analysis, the Commission approved the M Squared Electrical Pty Ltd and ETU Enterprise Agreement 2017-2021.

The Fair Work Commission approved the M Squared Electrical Pty Ltd and ETU Enterprise Agreement 2017-2021, effective from 1 April 2017 to 31 March 2021. The Commission's decision confirmed the validity of the agreement and its compliance with the requirements of the Fair Work Act. The approved agreement will now govern the employment conditions of the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established