DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6352)

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

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JANUARY 2018

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

[1] An application has been made for approval of an enterprise agreement known as the Fredon (VIC) Electrical 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 applicant union sought approval of an enterprise agreement between itself and Fredon (VIC) Electrical Pty Ltd, which had been entered into for a period of four years. The union argued that the agreement was a lawful and genuine agreement, and that the requisite procedural requirements had been met. The matter was heard in the Fair Work Commission. The legal issues for determination were whether the agreement was a genuine agreement and whether the agreement had been negotiated in good faith. The union argued that the agreement had been negotiated in good faith and was genuine. The employer contested these arguments, claiming that the agreement had not been negotiated in good faith, and that there were procedural issues with the agreement. The Commission held that the union had discharged the onus of proving that the agreement was genuine and had been negotiated in good faith. The Commission found that the union had met its burden of proof on the requisite balance of probabilities. The employer's objections were dismissed, and the enterprise agreement was approved. The agreement was approved subject to certain modifications to the agreement, including the removal of certain clauses that were found to be contrary to public policy. The union's application for approval of the enterprise agreement was successful, and the agreement was approved with modifications.

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