DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6065)

JAYCON FIRE PROTECTION PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Jaycon Fire Protection Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Jaycon Fire Protection 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 27 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

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant union sought approval of the Jaycon Fire Protection Pty Ltd and ETU Enterprise Agreement 2017 - 2021. The union's application was brought before the Fair Work Commission, which was required to determine if the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues before the Commission involved whether the enterprise agreement complied with the procedural and substantive requirements set out in the Fair Work Act. The Commission needed to assess whether the agreement was made in good faith and whether it contained the necessary provisions, including those relating to minimum wages, classification of employees, and other relevant employment conditions. Furthermore, the Commission had to ensure that the agreement did not undermine the existing protections afforded to employees under the Fair Work Act.

The Fair Work Commission found that the Jaycon Fire Protection Pty Ltd and ETU Enterprise Agreement 2017 - 2021 complied with the statutory requirements for approval. The Commission was satisfied that the agreement was made in good faith and contained all the necessary provisions, including those relating to minimum wages, classification of employees, and other relevant employment conditions. Additionally, the Commission confirmed that the agreement did not undermine the existing protections afforded to employees under the Fair Work Act.

As a result of the Commission's findings, the application for approval of the Jaycon Fire Protection Pty Ltd and ETU Enterprise Agreement 2017 - 2021 was approved. The agreement now binds the parties and provides a framework for the employment conditions of the employees covered by 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