DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6391)

TRIVANTAGE PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JANUARY 2018

Application for approval of the Trivantage Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Trivantage 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 case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seeking approval for the Trivantage Pty Ltd and ETU Enterprise Agreement 2017-2021. The Union argued that the proposed agreement met the criteria for registration under the Fair Work Act 2009, including provisions for minimum rates of pay, leave entitlements, and dispute resolution mechanisms. The application for approval was contested by an employee of Trivantage Pty Ltd, who raised concerns about the fairness and adequacy of the proposed terms.

The legal issues before the Commission centred on whether the agreement satisfied the requirements of the Fair Work Act 2009, particularly the provisions concerning the ‘better-off overall test’ (BOOT) and the ‘public interest’ test. The Commission had to determine if the proposed agreement provided employees with terms and conditions that were no worse than those they would have under the relevant award, while also considering whether the agreement was in the public interest. The Commission also needed to assess if the agreement was genuinely negotiated and if it provided for a fair and efficient workplace.

The Commission found that the proposed agreement met the BOOT, as it provided employees with terms and conditions that were at least as good as those under the relevant award. The Commission concluded that the agreement provided for fair and adequate remuneration, leave entitlements, and dispute resolution mechanisms. The Commission also found that the agreement was in the public interest, as it promoted a stable and productive workplace, and was genuinely negotiated between the parties. The application for approval was subsequently approved by the Commission, and the agreement was registered under the Fair Work Act 2009.

The final orders of the Commission were that the Trivantage Pty Ltd and ETU Enterprise Agreement 2017-2021 be approved and registered under the Fair Work Act 2009. The agreement was to apply to all employees of Trivantage Pty Ltd covered by the agreement, and was to remain in effect until 31 December 2021, or until replaced by a new agreement. The Commission also ordered that any disputes arising from the agreement be resolved in accordance with the dispute resolution mechanisms outlined 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