DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/709)

ASSA ABLOY ENTRANCE SYSTEMS HPDS VICTORIAN SERVICE TECHS ENTERPRISE AGREEMENT 2017 - 2021

Manufacturing and associated industries
COMMISSIONER GREGORY	MELBOURNE, 31 MAY 2018

Application for approval of the ASSA ABLOY Entrance Systems HPDS Victorian Service Techs Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the ASSA ABLOY Entrance Systems HPDS Victorian Service Techs 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] 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 and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[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 30 June 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application seeking approval of the ASSA ABLOY Entrance Systems HPDS Victorian Service Techs Enterprise Agreement 2017 - 2021. The applicant union, representing the employees of ASSA ABLOY Entrance Systems, submitted the agreement for endorsement to ensure its compliance with the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary criteria for approval under the legislation.

The central legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for the employees' terms and conditions of employment in a manner that was fair and balanced. The Commission also needed to consider whether the agreement adequately covered the essential aspects of employment, including minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms.

In its reasoning, the Commission examined the provisions of the agreement against the legislative framework. The Commission assessed the fairness of the agreement by considering the bargaining power of the parties, the nature of the agreement, and the overall impact on the employees. After thorough analysis, the Commission concluded that the agreement was fair and balanced, meeting all the statutory requirements. The agreement was therefore approved, ensuring that the employees of ASSA ABLOY Entrance Systems would be covered by the terms and conditions set out in the agreement.

The Fair Work Commission approved the ASSA ABLOY Entrance Systems HPDS Victorian Service Techs Enterprise Agreement 2017 - 2021, finding it to be compliant with the Fair Work Act 2009. The approved agreement is now in effect and will govern the employment conditions of the relevant employees until the next scheduled review.

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