DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1135)

MAGNETIC POWER SERVICES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER CIRKOVIC	SYDNEY, 1 JUNE 2018

Application for approval of the Magnetic Power Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Magnetic Power Services Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 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.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Magnetic Power Services Pty Ltd, alongside the ETU Powerline Enterprise Agreement 2016-2020. The dispute centred on the application for the approval of the enterprise agreement by the parties, which was subject to scrutiny under the Fair Work Act 2009. The union sought to have the agreement approved, while the employer contested certain aspects of the proposed terms.

The primary legal issues before the court were whether the enterprise agreement met the necessary criteria for approval under the Fair Work Act and if the agreement complied with the requirements of being "better off overall" for the employees. The court had to assess if the agreement was fairly negotiated and if it provided for terms and conditions that were no worse than those previously in place. Additionally, the court examined if the agreement met the standards of being "in the interests of the national system of industrial relations".

The court, after careful consideration, found that the enterprise agreement was fairly negotiated and met the statutory requirements for approval. It was determined that the agreement provided for terms and conditions that were better off overall for the employees, particularly in the areas of wages and conditions. The court further concluded that the agreement was in the interests of the national system of industrial relations. Consequently, the court approved the enterprise agreement, finding it to be compliant with the necessary legal standards.

No further orders were made by the court beyond the approval of the enterprise agreement. The decision affirmed the agreement's validity and allowed it to proceed as intended by the parties involved.

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