DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2018/165)

CONCEPT ENGINEERING RAIL SAFETY OBSERVER ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 6 MARCH 2018

Application for approval of the Concept Engineering Rail Safety Observer Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Concept Engineering Rail Safety Observer 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). 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] The Agreement lodged contained an error at Clause 3 and Appendices B – E, including headers and footers to the Agreement making reference to Appendices B – E. On 5 March 2018, the Employer, Concept Engineering (Aust) Pty Ltd filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The CEPU 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 13 March 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who sought approval of the Concept Engineering Rail Safety Observer Enterprise Agreement 2017 - 2021. The agreement was entered into between the union and Concept Engineering Pty Ltd, and the union argued that the agreement met the requirements for approval under the Fair Work Act 2009.

The central legal issue for the Commission to determine was whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to assess whether the agreement was made in good faith and whether it contained the necessary minimum terms and conditions as prescribed by the Act. Additionally, the Commission needed to consider whether the agreement was fair and reasonable, taking into account various factors such as the nature of the bargaining process, the economic circumstances of the parties, and the overall balance of the agreement.

The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. It also concluded that the agreement was fair and reasonable, given the context of the bargaining process and the economic circumstances of the parties. The Commission noted that the union and the employer had engaged in a robust and transparent negotiation process, and that the terms of the agreement reflected a balanced outcome for both parties. As a result, the Commission approved the Concept Engineering Rail Safety Observer Enterprise Agreement 2017 - 2021.

The Fair Work Commission approved the Concept Engineering Rail Safety Observer Enterprise Agreement 2017 - 2021, finding that it met the necessary requirements under the Fair Work Act. The Commission's decision provides clarity for the union and the employer regarding the terms and conditions of employment for rail safety observers, and ensures that the agreement is fair and reasonable for both parties.

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