DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/611)

P.M.T. SECURITY SYSTEMS PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MAY 2018

Application for approval of the P.M.T. Security Systems Pty. Ltd. and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the P.M.T. Security Systems 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 25 May 2018 and, in accordance with s.54, will operate from 1 June 2018. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the recent case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application before the Fair Work Commission for the approval of the P.M.T. Security Systems Pty. Ltd. and ETU Enterprise Agreement 2017 - 2021. The union sought to have the enterprise agreement, which outlines terms and conditions of employment for employees within the scope of the agreement, approved by the Commission. The application was made under the Fair Work Act 2009, which requires the Commission to consider certain criteria when deciding whether to approve an enterprise agreement.

The legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act, including whether it provided for a fair and reasonable safety net of minimum wages and conditions, and whether it was free from any coercion or undue influence. The Commission also had to consider whether the agreement complied with any relevant awards or other industrial instruments. The union argued that the agreement was fair and reasonable and met all the necessary criteria, while the employer argued that the agreement was a genuine bargain and met all the legal requirements.

After considering the evidence and arguments presented by both parties, the Commission found that the agreement met all the necessary criteria for approval. The Commission found that the agreement provided for a fair and reasonable safety net of minimum wages and conditions, and that it was free from any coercion or undue influence. The Commission also found that the agreement complied with all relevant awards and industrial instruments. The Commission approved the agreement, finding that it met all the requirements of the Fair Work Act.

The Commission made orders approving the P.M.T. Security Systems Pty. Ltd. and ETU Enterprise Agreement 2017 - 2021, and registered the agreement with the Commission. The agreement is now legally binding on the employer and all employees within its scope, and will remain in effect until the end of the agreement period or until it is varied or replaced by a new agreement. The decision provides guidance for employers and employees in the communications, electrical, electronic, energy, information, postal, plumbing and allied services industries on the requirements for an enterprise agreement to be approved by the Fair Work Commission.

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