DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6332)

FREDON TECHNOLOGY (VIC) PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Fredon Technology (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 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 parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Fredon Technology (VIC) Pty Ltd. The nature of the dispute was an application for approval of the Fredon Technology (VIC) Pty Ltd and ETU Enterprise Agreement 2017-2021, which was brought before the Fair Work Commission. The legal issues that the court was required to decide involved whether the agreement met the necessary criteria under the Fair Work Act 2009 and whether it provided for the proper protection of employees’ rights and interests.

The court examined the agreement to determine if it contained all the mandated terms and conditions as outlined in the Fair Work Act. It also considered whether the agreement was made in good faith and if it provided for the fair and reasonable terms for the employees. The court found that the agreement contained all the necessary terms and conditions and was made in good faith. Additionally, the court found that the agreement provided for the fair and reasonable terms for the employees, taking into account the nature of the work and the bargaining positions of the parties. Therefore, the court approved the Fredon Technology (VIC) Pty Ltd and ETU Enterprise Agreement 2017-2021.

The court's reasoning was based on the statutory requirements under the Fair Work Act and the principles of good faith bargaining. The court found that the agreement was made in accordance with these principles and that it provided for the proper protection of employees' rights and interests. The court also considered the nature of the work and the bargaining positions of the parties in making its decision. The outcome of the case was that the agreement was approved, and the parties were bound by its terms and conditions.

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