DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1371)

PROJEX ELECTRICAL CONTROLS PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	SYDNEY, 1 JUNE 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Projex Electrical Controls 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 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 for the approval of the Projex Electrical Controls Pty Ltd and ETU Enterprise Agreement 2017-2021. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the Commission's approval of the agreement, which was negotiated between the employer and the union. The dispute centred around the terms and conditions of employment within the Projex Electrical Controls Pty Ltd, and the Commission was tasked with determining whether the agreement was in the best interests of the employees and complied with relevant legislative provisions.

The primary legal issues the Commission had to address were whether the agreement met the requirements set forth in the Fair Work Act 2009, specifically sections 227 and 230. These sections require that the agreement is a genuine bargain between the parties, provides for the resolution of disputes, and includes minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, the Commission needed to ensure that the agreement was not prejudicial to employees and was made in good faith.

The Commission examined the agreement clause by clause, considering the terms and conditions in light of the relevant statutory provisions. The Commission found that the agreement was a genuine bargain between the parties and that the negotiation process was conducted in good faith. The Commission also determined that the agreement provided for the resolution of disputes and included all the prescribed minimum terms and conditions. After careful consideration, the Commission concluded that the agreement was not prejudicial to the employees and was in their best interests.

Accordingly, the Fair Work Commission approved the Projex Electrical Controls Pty Ltd and ETU Enterprise Agreement 2017-2021, effective from the date of the Commission's decision. The approval ensures that the terms and conditions of employment for the employees within the company are governed by this agreement for the duration of its validity.

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