DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6388)

DECON INDUSTRIES PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 1 FEBRUARY 2018

Application for approval of the Decon Industries Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Decon Industries 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 1 February 2018 and, in accordance with s.54, will operate from 8 February 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

The case before the court involved an application for the approval of a proposed enterprise agreement between Decon Industries Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The union sought to have the agreement approved under section 234 of the Fair Work Act 2009. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for the fair and equitable treatment of employees, including reasonable terms and conditions of employment. The court also had to consider whether the agreement was made in good faith and if it complied with the relevant legislative provisions.

The Fair Work Commission found that the proposed enterprise agreement did meet the necessary requirements for approval. The court noted that the agreement provided for fair and equitable terms and conditions of employment, and was made in good faith. The court also found that the agreement complied with the relevant legislative provisions, including those relating to minimum wages, leave entitlements and other employee protections. Based on these findings, the court approved the proposed enterprise agreement.

The Fair Work Commission's final order was that the Decon Industries Pty Ltd and ETU Enterprise Agreement 2017-2021 be approved under section 234 of the Fair Work Act 2009. The agreement is now a legally binding contract between the employer and the union, and will govern the terms and conditions of employment for the relevant employees until it expires or is replaced by a new agreement.

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