DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6389)

MGA ELECTRONIC SECURITY AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JANUARY 2018

Application for approval of the MGA Electronic Security and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the MGA Electronic Security 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and the Electronic Technicians Union (the ETU). The Union sought approval of the Electronic Security and ETU Enterprise Agreement 2017 - 2021 (the Agreement) under the Fair Work Act 2009. The court was required to determine whether the Agreement complied with the Act and was therefore fit for registration.

The primary legal issue before the court was whether the Agreement complied with the procedural requirements set out in the Fair Work Act, particularly whether the Union had followed proper processes in seeking approval of the Agreement. The court was also required to consider whether the Agreement was consistent with the Act's substantive requirements, including whether it provided for fair and reasonable terms and conditions of employment.

The court found that the Union had followed proper processes in seeking approval of the Agreement, and that the Agreement was consistent with the Fair Work Act. The court noted that the Agreement provided for fair and reasonable terms and conditions of employment, and that it did not contain any provisions that were contrary to public policy or otherwise unlawful. The court was satisfied that the Agreement was therefore fit for registration.

The court approved the Agreement, and it will now be registered with the Fair Work Commission. The parties are bound by the terms of the Agreement, which will govern their employment relationship for the period specified in the Agreement.

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