DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6200)

MENCO ELECTRICAL PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 22 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Menco 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 29 December 2017. 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 Fair Work Commission involved an application for approval of the Menco Electrical Pty Ltd and ETU Enterprise Agreement 2017-2021. The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the statutory requirements for registration, including its compliance with the provisions concerning minimum entitlements, the fair work provisions, and the good faith bargaining requirement.

The legal issues the court had to address included whether the agreement contained terms that were less favourable than the applicable awards or the national system of minimum employment conditions, and whether the agreement had been made in good faith. Additionally, the court needed to determine whether the agreement contained terms that were necessary to differentiate the circumstances of the parties, and whether it included the prescribed terms for a modern award. The applicant argued that the agreement was fair and reasonable, while the respondent raised concerns about certain terms.

The Fair Work Commission found that the agreement was compliant with the statutory requirements. The Commission determined that the agreement did not contain terms that were less favourable than the applicable awards or the national system of minimum employment conditions. The Commission also found that the agreement had been made in good faith and contained necessary terms to differentiate the circumstances of the parties. Furthermore, the Commission confirmed that the agreement included the prescribed terms for a modern award. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the Menco Electrical Pty Ltd and ETU Enterprise Agreement 2017-2021, finding it to be compliant with the statutory requirements. The Commission's decision was based on its determination that the agreement met the necessary criteria, including the absence of less favourable terms, the existence of good faith bargaining, and the inclusion of prescribed terms. The agreement was registered, and the parties were bound by its terms.

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