DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6384)

E.P.M. & C. PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JANUARY 2018

Application for approval of the E.P.M. & C. Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the E.P.M. & C. 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

In the recent matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was tasked with considering the approval of an enterprise agreement. The union, acting on behalf of its members, sought approval of the E.P.M. & C. Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The dispute centred on whether the agreement met the necessary standards for approval under the Fair Work Act 2009.

The primary legal issues that the Commission had to address were whether the agreement contained the mandatory minimum terms and conditions required by the Act and whether it complied with the good faith bargaining provisions. The Commission needed to ensure that the agreement did not unfairly disadvantage employees and that it provided a fair and reasonable outcome for all parties involved. Additionally, the Commission examined whether the agreement was the product of genuine and meaningful negotiations between the employer and the union.

The Fair Work Commission found that the agreement contained all the mandatory minimum terms and conditions and was compliant with the good faith bargaining provisions. The Commission was satisfied that the agreement provided a fair and reasonable outcome for all parties, as it balanced the interests of both the employer and the employees. The Commission also concluded that the agreement was the product of genuine and meaningful negotiations between the employer and the union. As a result, the Commission approved the E.P.M. & C. Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

The Commission's decision was that the agreement was to be approved, and it set out the terms and conditions of employment for the relevant employees. The approval of the agreement ensures that the employees will benefit from the negotiated terms and conditions, and it provides certainty and stability in the employer-employee relationship.

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