DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6451)

X STAFF ELECTRICAL CONTRACTING PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 8 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the X Staff Electrical 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[5] 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.

[6] 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and X Staff Electrical Contracting Pty Ltd. The dispute centred on the application for the approval of the Enterprise Agreement between the union and the company for the period 2017 to 2021. The matter was heard in the Fair Work Commission, Australia’s independent national workplace relations tribunal.

The key legal issues before the court were whether the agreement met the criteria for approval under the Fair Work Act 2009, specifically whether it provided for the compulsory resolution of all genuine disputes between the parties and provided for the efficient and effective operation of the enterprise. The union argued that certain provisions of the agreement were unfair and did not meet these criteria. The company, on the other hand, contended that the agreement was fair and reasonable and met all the statutory requirements.

The Fair Work Commission considered the arguments from both parties and examined the terms of the agreement in detail. The commission found that while the agreement contained some provisions that were not in the best interests of the employees, the majority of the agreement was fair and reasonable. The commission determined that the agreement met the criteria for approval under the Fair Work Act and approved the agreement, with some minor modifications to address the union's concerns.

The final orders of the commission were that the Enterprise Agreement between the union and the company for the period 2017 to 2021 be approved, subject to certain modifications to address the union's concerns. These modifications included changes to the agreement's provisions on shift allowances and overtime rates. The commission's decision was binding on both parties and provided certainty and stability to the workplace.

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