DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6435)

ALARMING SOLUTIONS AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 5 JANUARY 2018

Application for approval of the Alarming Solutions and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Alarming Solutions 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 an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Alarming Solutions. The application was brought under the Fair Work Act 2009, and the decision was made by the Fair Work Commission. The union sought to have the proposed agreement recognised as a registered agreement, which would have the effect of binding both the employer and the employees covered by the agreement.

The legal issues that the court was required to address centred on whether the proposed agreement complied with the requirements of the Fair Work Act and whether it was in the best interests of the employees. Specifically, the court had to determine if the agreement met the criteria for "direct" and "independent" approval, which includes ensuring that the agreement did not undermine the minimum standards of the safety net, and that the agreement was made in good faith and without coercion. The court also had to consider if the agreement provided for proper consultation with employees and if it included adequate dispute resolution mechanisms.

In its reasoning, the court found that the proposed agreement did meet the criteria for direct and independent approval. The court considered the provisions of the agreement and found that it did not undermine the safety net of minimum entitlements, and that it provided for appropriate consultation and dispute resolution mechanisms. The court also noted that the agreement had been made in good faith, without coercion, and that it was in the best interests of the employees. The court was satisfied that the agreement met all the necessary requirements for approval.

The court approved the Alarming Solutions and ETU Enterprise Agreement 2017-2021 and registered it as a registered agreement under the Fair Work Act. This means that the agreement is now binding on the employer and the employees covered by it, and it will operate until such time as it is terminated or replaced by a new agreement. The approval of the agreement ensures that the employees covered by it will have their rights and obligations governed by the terms of the agreement, rather than by the general provisions of the Fair Work Act.

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