DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/642)

CONTROL IT (AUSTRALIA) PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 24 MAY 2018

Application for approval of the Control IT (Australia) Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Control IT (Australia) 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, 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Control IT (Australia) Pty Ltd and ETU Enterprise Agreement 2017 - 2021. The matter was heard by Commissioner K. J. Harbison. The dispute involved the negotiation and subsequent application for the approval of an enterprise agreement between the union and the employer. The commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the commission were whether the agreement was a bona fide enterprise agreement, whether it had been genuinely negotiated, and whether it satisfied the “better off overall test” as required by the Fair Work Act. The commission needed to examine the negotiation process and the content of the agreement to ascertain its validity and fairness. It was also required to determine if the agreement provided employees with conditions that were at least as good as those provided under the relevant awards or other applicable agreements.

After considering the evidence presented by both parties, the commission found that the agreement was indeed a genuine enterprise agreement that had been negotiated in good faith. The commission was satisfied that the negotiation process met the statutory requirements and that the agreement provided employees with conditions that were at least as good as those provided by the relevant awards or other applicable agreements. Consequently, the commission approved the enterprise agreement. The detailed reasoning and findings were documented in the commission's published decision.

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