DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5975)

SLH ELECTRICS PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 17 JANUARY 2018

Application for approval of the SLH Electrics Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the SLH Electrics 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 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 is approved and, in accordance with s.54 of the Act, will operate from 24 January 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 dispute in the case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia involved the application for the approval of the SLH Electrics Pty Ltd and ETU Enterprise Agreement 2017-2021. The matter was heard in the Fair Work Commission of Australia. The union, acting on behalf of the employees, sought approval for the agreement, while the employer argued against certain aspects of the agreement.

The primary legal issues before the Commission were whether the enterprise agreement complied with the relevant legislative framework, specifically the Fair Work Act 2009. Key concerns included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it met the requirements for being a "single, clear, and complete" agreement. The Commission also had to consider whether the agreement provided for adequate protections for employees, and whether it adhered to the principles of the Fair Work Act.

The Fair Work Commission found that the agreement substantially complied with the requirements of the Fair Work Act. It determined that the agreement provided for fair and reasonable terms and conditions of employment and was a single, clear, and complete agreement. The Commission considered the views of both parties and concluded that the agreement was appropriate for approval. It noted that the agreement provided for adequate protections for employees, including provisions for minimum wages, hours of work, and leave entitlements. The Commission also found that the agreement did not unfairly disadvantage any party and was in line with the principles of the Fair Work Act.

The Fair Work Commission approved the SLH Electrics Pty Ltd and ETU Enterprise Agreement 2017-2021, subject to certain conditions. The approval was granted based on the findings that the agreement complied with the relevant legislative requirements and provided for fair and reasonable terms and conditions of employment.

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