DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6121)

A.D.J. CONTRACTING PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the A.D.J. Contracting Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the A.D.J. Contracting 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

The matter before the Fair Work Commission involved an application for the approval of the A.D.J. Contracting Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The union and the employer sought the Commission's endorsement of the agreement which had been negotiated between them. The union argued that the agreement was fair and reasonable, while the employer maintained that it was an appropriate and necessary tool to manage their workforce effectively.

The primary legal issue before the Commission was whether the agreement met the criteria set out in section 232 of the Fair Work Act 2009 for a registered agreement to be approved. This included determining if the agreement provided for the pay and conditions of employees fairly and without discrimination, and if it was consistent with the overarching objectives of the Act, which include facilitating high levels of economic participation of women and men and their productivity. The Commission also had to consider whether the agreement was free from any provisions that could be considered contrary to public policy.

In making its decision, the Commission examined the terms of the agreement in detail, including the provisions relating to wages, hours of work, leave, and other employment conditions. The Commission noted that the agreement contained provisions that were consistent with the Act's objectives, including provisions for equal remuneration for work of equal or equivalent value, and measures to address gender pay gaps. The Commission also considered the employer's argument that the agreement was necessary to ensure the business's competitiveness and its ability to attract and retain skilled workers. After careful consideration, the Commission determined that the agreement was fair and reasonable and met the criteria for approval under the Act.

The Commission approved the agreement and made orders accordingly. The decision provides a useful guide for employers and unions when negotiating enterprise agreements and highlights the importance of ensuring that agreements are consistent with the objectives 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