DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6444)

SEEK FIRE DETECTION PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 8 JANUARY 2018

Application for approval of the Seek Fire Detection Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Seek Fire Detection 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 an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Seek Fire Detection Pty Ltd (the Employer). The Union sought approval of the Enterprise Agreement 2017-2021, which it had negotiated with the Employer on behalf of its members. The primary dispute centred around the terms and conditions of employment, including wages, working hours, and other employment-related provisions outlined in the proposed agreement.

The legal issues before the court involved assessing whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. The court had to determine whether the agreement provided for fair and reasonable terms and conditions of employment, was free from coercion and undue influence, and did not discriminate against any employee. Additionally, the court had to consider whether the agreement met the procedural fairness requirements, ensuring that the bargaining process was genuine and conducted in good faith.

In delivering its decision, the court considered the submissions from both parties and examined the content of the proposed agreement. It found that the agreement provided for fair and reasonable terms and conditions of employment, as it balanced the interests of both the Employer and the employees. The court also determined that the bargaining process was genuine and conducted in good faith, meeting the procedural fairness requirements. Consequently, the court approved the Enterprise Agreement 2017-2021, finding that it satisfied all the statutory criteria for approval.

The court ordered that the Enterprise Agreement 2017-2021 between the Union and the Employer be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of the court's decision and would remain in force until the end of its specified term, which was 2021. This decision provided certainty for both the Employer and the employees, ensuring that the terms and conditions of employment were governed by the approved 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