DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6202)

G.F.S. FIRE AND ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 22 DECEMBER 2017

Application for approval of the G.F.S. Fire and Electrical Services Pty Ltd and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the G.F.S. Fire and Electrical Services 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the G.F.S. Fire and Electrical Services Pty Ltd and ETU Enterprise Agreement 2017-2021 in the Fair Work Commission. The dispute arose because the union believed that the enterprise agreement complied with all relevant provisions of the Fair Work Act 2009 and should therefore be approved. The employer contested the application, arguing that the agreement failed to meet certain legal requirements.

The central legal issues for the Commission to determine were whether the enterprise agreement adhered to the procedural requirements of the Fair Work Act and whether it contained all the mandated terms and conditions. Specifically, the Commission needed to consider whether the agreement had been negotiated in good faith, whether it contained the minimum entitlements prescribed by the Act, and whether it included all the necessary provisions regarding termination and redundancy. The union argued that all procedural and substantive requirements were met, while the employer contended that significant deficiencies existed.

In rendering its decision, the Commission first examined the procedural aspects of the agreement, determining that the negotiation process was conducted in good faith and that all necessary steps had been followed. The Commission then assessed the substantive provisions of the agreement, finding that it contained all the mandated minimum terms and conditions. Additionally, the agreement included provisions for termination and redundancy, meeting the requirements of the Act. Consequently, the Commission approved the enterprise agreement, acknowledging that it complied with all relevant legal standards.

The Fair Work Commission approved the G.F.S. Fire and Electrical Services Pty Ltd and ETU Enterprise Agreement 2017-2021, effective from the date of the decision. The employer and the union were directed to implement the agreement, and any disputes arising from its application were to be referred to the Commission for resolution.

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