DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6122)

VAST ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Vast 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 Vast 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 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 case before the Fair Work Commission involved an application for approval of the Vast Electrical Services Pty Ltd and ETU Enterprise Agreement 2017-2021. The union representing the employees, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, opposed the application, raising concerns about certain provisions in the agreement. The dispute centred on whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The primary legal issue the court had to address was whether the agreement contained terms that were contrary to the public interest or were otherwise unlawful. The union argued that several provisions in the agreement were unfair and did not meet the statutory requirements for an enterprise agreement. The court needed to examine these provisions in detail to determine if they complied with the Act and if they were in the best interests of the employees.

In considering the arguments, the court examined the specific provisions of the agreement that the union had contested. The court found that while some of the provisions did indeed pose potential issues, they did not constitute a breach of the Act or the public interest. The court concluded that the agreement, despite some problematic clauses, was overall fair and did not contain terms that would be detrimental to the employees. The court approved the application for the agreement, subject to the modifications that would address the union's concerns.

The court ordered that the enterprise agreement be approved with the condition that specific clauses be amended to ensure compliance with the Fair Work Act. The court also directed that a meeting be held between the union and the employer to discuss the modifications and to ensure that the changes were implemented effectively. This decision was made to ensure that the employees' interests were protected and that the agreement was fair and lawful.

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