DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6330)

FREDON SECURITY (VIC) PTY LIMITED AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JANUARY 2018

Application for approval of the Fredon Security (VIC) Pty Limited and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Fredon Security (VIC) Pty Limited 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 12 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 an application for approval of the Fredon Security (VIC) Pty Limited and ETU Enterprise Agreement 2017-2021, which was heard in the Fair Work Commission of Australia. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, was the applicant, seeking approval of the agreement which had been negotiated with Fredon Security (VIC) Pty Limited, the employer. The legal dispute centred on whether the agreement met the necessary criteria for endorsement under the Fair Work Act 2009, including compliance with procedural fairness and the protection of employees' rights.

The court was tasked with determining whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, particularly sections concerning procedural fairness and the protection of employees' rights. The union argued that the agreement was fair and reasonable, while Fredon Security (VIC) Pty Limited contended that certain provisions did not comply with the Act, thus invalidating the agreement. The court had to consider the fairness of the agreement, including the extent to which it provided for procedural fairness and the rights of employees, and whether it had been made without coercion or undue influence.

After examining the terms of the agreement and the process through which it was negotiated, the Fair Work Commission found that the agreement met the necessary criteria for endorsement. The court concluded that the agreement had been made in good faith, without coercion, and provided for procedural fairness and the protection of employees' rights. The commission noted that the union had adequately represented the employees and that the employer had not acted unfairly in the negotiation process. Consequently, the court approved the Fredon Security (VIC) Pty Limited and ETU Enterprise Agreement 2017-2021.

The final orders of the Fair Work Commission included the approval of the enterprise agreement, which would now be binding on the parties. The court directed that the agreement be registered and published in accordance with the Fair Work Act, ensuring that it would be enforceable in accordance with its terms. This decision provided clarity on the terms of employment and the rights of the employees, while also ensuring that the agreement was fair and compliant with the requirements of the 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