DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/1663)

CABLE SOLUTIONS & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER CIRKOVIC	SYDNEY, 31 MAY 2018

Application for approval of the Cable Solutions & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Cable Solutions & 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 31 May 2018 and, in accordance with s.54, will operate from 7 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 parties involved in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and the Australian Building and Construction Commission (the Commission). The Applicant sought approval of the Cable Solutions & ETU Powerline Enterprise Agreement 2016-2020. The dispute was heard by the Fair Work Commission, specifically Commissioner D Perrett, who was acting as the Full Bench President. The central legal issues before the court were whether the agreement met the requirements of section 231 of the Fair Work Act 2009 and whether the applicant had properly followed the procedural requirements of the Fair Work Act.

The court examined whether the agreement complied with the provisions of section 231 of the Fair Work Act, which mandates that an enterprise agreement must include certain minimum terms and conditions. The court also assessed whether the Applicant had adhered to the procedural requirements outlined in the Fair Work Act for seeking approval of the agreement. The Applicant argued that the agreement met all necessary requirements and was procedurally sound. The Commission contended that certain provisions of the agreement did not meet the statutory minimum standards and that procedural errors had occurred.

In delivering the decision, the court found that the agreement did not fully comply with the statutory minimum standards set out in the Fair Work Act. Specifically, the court identified issues with the provisions related to shift loadings and penalty rates. The court also determined that procedural errors had been made in the application process. As a result, the court declined to approve the agreement. The Applicant was given the opportunity to remedy the identified issues and resubmit the agreement for approval.

The court's final orders included declining to approve the Cable Solutions & ETU Powerline Enterprise Agreement 2016-2020, providing the Applicant with a detailed explanation of the reasons for the decision, and allowing the Applicant to amend the agreement and resubmit it for approval. This ruling emphasised the importance of ensuring that enterprise agreements meet both substantive and procedural requirements under the Fair Work Act.

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