DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6387)

RUTLEDGE ENGINEERING (AUST.) PTY. LTD. ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 9 JANUARY 2018

Application for approval of the Rutledge Engineering (Aust.) Pty. Ltd. Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Rutledge Engineering (Aust.) Pty. Ltd. 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. 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 16 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 matter before the Fair Work Commission involved an application for the approval of the Rutledge Engineering (Aust.) Pty. Ltd. Enterprise Agreement 2017-2021, between the applicant, Rutledge Engineering (Aust.) Pty. Ltd., and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute centred around whether the agreement met the requirements under the Fair Work Act 2009 for it to be deemed as meeting the "better off overall test" and ensuring it did not undermine the fundamental rights of employees.

The court had to determine whether the proposed enterprise agreement provided fair and better conditions for the employees compared to the applicable award or registered agreement. It was necessary to examine if the agreement adhered to the procedural fairness standards, including whether it was made genuinely and voluntarily without coercion. Additionally, the court assessed whether the agreement met the criteria of being in the best interests of the employees, including their health, safety, and welfare.

The Fair Work Commission assessed the evidence and submissions from both parties and concluded that the Rutledge Engineering (Aust.) Pty. Ltd. Enterprise Agreement 2017-2021 did meet the "better off overall test" and did not undermine the fundamental rights of employees. The agreement was found to provide fair and better conditions for the employees, and the process of its formation was deemed to be genuine and voluntary. The Commission found that the agreement was in the best interests of the employees, including their health, safety, and welfare.

Accordingly, the Fair Work Commission approved the Rutledge Engineering (Aust.) Pty. Ltd. Enterprise Agreement 2017-2021. The agreement was to be registered and would apply to the employees covered by the agreement, replacing any existing awards or agreements. The decision provided certainty for both the employer and employees regarding the terms and conditions of their 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