DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/2019)

BGB ELECTRICAL SERVICE PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2018

Application for approval of the BGB Electrical Service Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the BGB Electrical Service 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.

[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 is approved and, in accordance with s.54 of the Act, 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEPIU) seeking approval of the BGB Electrical Service Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The Fair Work Commission was the tribunal that heard the application. The union argued that the agreement was fair and appropriate for the employees covered by it, while the employer maintained that the agreement was fair and appropriate for the business.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a "better off overall test" (BOOT) agreement, and whether it contained all the mandated terms. The Commission examined the agreement to determine whether it provided employees with a safety net of minimum entitlements and whether it provided for a reasonable process for resolving disputes.

The Commission found that the agreement was a BOOT agreement, as it provided employees with a safety net of minimum entitlements and a reasonable process for resolving disputes. The Commission also found that the agreement contained all the mandated terms. The Commission approved the agreement, noting that it provided for a reasonable process for resolving disputes and provided employees with a safety net of minimum entitlements. The employer was ordered to give a copy of the approved agreement to each employee covered by it.

In summary, the Fair Work Commission approved the BGB Electrical Service Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The Commission found that the agreement met the requirements of the Fair Work Act 2009, including the BOOT and mandated terms. The employer was ordered to give a copy of the approved agreement to each employee covered by it.

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