DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/6053)

ASGM PTY. LTD. T/A BUTLER ELECTRICAL VICTORIA AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the ASGM Pty. Ltd. t/a Butler Electrical Victoria and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the ASGM Pty. Ltd. t/a Butler Electrical Victoria 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 court involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and ASGM Pty. Ltd., trading as Butler Electrical Victoria (the Employer). The dispute centred around the provisions of the proposed agreement for the period 2017-2021, and whether it complied with the necessary legal standards under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which is vested with the authority to approve such agreements.

The primary legal issue the court needed to address was whether the agreement met the "better off overall test" (BOOT) as stipulated by the Fair Work Act. This test ensures that employees are not worse off financially by virtue of the agreement. The court also examined whether the agreement contained all the mandatory terms and conditions as required by the Act, and whether it was made in good faith and without coercion. Additionally, the court considered the fairness and reasonableness of the agreement's terms and whether they were negotiated genuinely and in good faith.

The court's reasoning focused on a detailed analysis of the proposed agreement's provisions and their implications for the employees. After careful consideration of the submissions from both parties and relevant legal principles, the court determined that the agreement satisfied the BOOT. The court found that the agreement was negotiated in good faith and contained all the mandatory terms as required by the Act. The court concluded that the agreement was fair and reasonable, and approved it accordingly.

The final orders of the court were that the ETU Enterprise Agreement 2017-2021 between the Union and the Employer be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement for the specified period.

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