DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5827)

MAXIMUM FIRE DETECTION PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Maximum Fire Detection 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 was an application for the approval of the Maximum Fire Detection Pty Ltd and ETU Enterprise Agreement 2017-2021. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the approval of the enterprise agreement which was entered into with the employer, Maximum Fire Detection Pty Ltd. The dispute arose as the employer contested the union's right to represent the employees for the purposes of negotiating the agreement. The legal issues before the commission were whether the union had the requisite majority of employees' support to negotiate the agreement and whether the agreement itself complied with the relevant provisions of the Fair Work Act 2009.

The commission examined the evidence provided by both parties and found that the union had indeed obtained the necessary support from the majority of the employees, thereby establishing its right to negotiate the agreement on their behalf. In assessing the agreement, the commission considered whether it met the criteria set out in the Fair Work Act, including provisions related to minimum entitlements, dispute resolution, and procedural fairness. The commission found that the agreement complied with these requirements and was therefore in a form that was likely to achieve a better outcome for the employees. The commission also noted that the agreement contained provisions for a dispute resolution process and included mechanisms for addressing any concerns that may arise during the term of the agreement.

Having determined that the union had the requisite support and that the agreement complied with the statutory requirements, the commission approved the enterprise agreement. The approval was contingent upon the agreement being registered with the Fair Work Commission within the specified timeframe. The union and the employer were directed to take all necessary steps to ensure that the agreement was properly implemented and that any disputes arising from its operation were resolved in accordance with the agreed procedures. The commission's decision was based on a careful consideration of the evidence and the applicable legal principles, and it provided a clear resolution to the dispute between the parties.

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