DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6260)

ALERTON CONTRACTING PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 8 JANUARY 2018

Application for approval of the Alerton Contracting Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Alerton Contracting 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 15 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

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was presented with an application for the approval of the Alerton Contracting Pty Ltd and ETU Enterprise Agreement 2017-2021. The union sought to have the agreement approved under the Fair Work Act 2009, which requires certain criteria to be met for an enterprise agreement to be deemed fair and reasonable. The primary dispute centred around whether the agreement met all the necessary statutory requirements for approval and whether it adequately covered the terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Commission included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, whether the agreement satisfied the ‘better off overall test’ and whether it complied with the ‘single-footrule’ test. Additionally, the Commission needed to consider whether the agreement provided for proper mechanisms for dispute resolution and whether it appropriately addressed the needs and interests of both the employees and the employer. The union argued that the agreement met all necessary criteria and was in the best interest of the employees, while the employer maintained that the agreement was fair, reasonable and met all statutory requirements.

After thorough examination of the evidence and submissions, the Fair Work Commission determined that the Alerton Contracting Pty Ltd and ETU Enterprise Agreement 2017-2021 met the statutory requirements for approval. The Commission found that the agreement was made in accordance with the Fair Work Act, satisfied the ‘better off overall test’ and complied with the ‘single-footrule’ test. Furthermore, the Commission was satisfied that the agreement provided for proper mechanisms for dispute resolution and appropriately addressed the needs and interests of both the employees and the employer. Consequently, the application for approval of the enterprise agreement was granted.

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