DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5847)

BROLEC PROPRIETARY LIMITED AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Brolec Proprietary Limited and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the Brolec Proprietary Limited 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Brolec Proprietary Limited and ETU Enterprise Agreement 2017-2021. The dispute centred around the terms and conditions of employment for workers within the specified industries and whether the proposed agreement adequately met the standards set by the Fair Work Act 2009. The Commission was tasked with determining whether the agreement should be certified as a registered agreement.

The primary legal issues the Commission had to resolve were whether the agreement contained all the mandatory terms as required by the Fair Work Act 2009, and if it provided for the fair and equitable treatment of employees. Additionally, the Commission needed to assess whether the agreement complied with the provisions regarding the protection of vulnerable employees, the availability of dispute resolution mechanisms, and the overall fairness of the terms to both employees and employers.

The Fair Work Commission found that the Brolec Proprietary Limited and ETU Enterprise Agreement 2017-2021 met the statutory requirements under the Fair Work Act 2009. The Commission was satisfied that the agreement included all the necessary mandatory terms, provided for fair treatment of employees, and included appropriate mechanisms for dispute resolution. The Commission further determined that the agreement did not disadvantage any vulnerable employees and was fair to both parties. Consequently, the Commission approved the agreement and registered it as a registered agreement.

The final orders of the Commission were to certify the Brolec Proprietary Limited and ETU Enterprise Agreement 2017-2021 as a registered agreement, effective from the date of the decision. This registration ensures that the terms and conditions set out in the agreement are legally binding and enforceable under the Fair Work Act 2009.

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