DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6442)

S.J. ELECTRIC (VIC) PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 8 JANUARY 2018

Application for approval of the S.J. Electric (Vic) Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the S.J. Electric (Vic) 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

The matter before the Fair Work Commission involved an application for the approval of the S.J. Electric (Vic) Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the agreement which had been negotiated with the employer. The dispute centred around whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement contained all the mandatory terms required by the Fair Work Act, and whether it was made in good faith and without coercion. The Commission had to consider the fairness and reasonableness of the agreement's terms and conditions, including wages, hours of work, and other employment-related matters. Additionally, the Commission examined whether the agreement complied with the 'better off overall test', ensuring that employees were not worse off under the new agreement compared to their previous conditions.

In delivering its decision, the Fair Work Commission found that the agreement largely complied with the statutory requirements. The Commission noted that while some minor procedural issues were present, these did not significantly impact the overall fairness of the agreement. The terms of the agreement were deemed reasonable and in good faith, and it was concluded that employees would be better off overall under the new conditions. Consequently, the Commission approved the application for the agreement's registration, confirming its compliance with the necessary legislative standards.

The final orders of the Commission included the approval and registration of the S.J. Electric (Vic) Pty. Ltd. and ETU Enterprise Agreement 2017-2021, effective from the date of the decision. The agreement was to be binding on all employees covered by its terms, and the Commission directed that the necessary steps be taken to ensure its implementation in accordance with the Fair Work Act.

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