DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5843)

SELECTEMP ELECTRICAL SERVICES PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 20 DECEMBER 2017

Application for approval of the Selectemp 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 Selectemp 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application for the approval of the Selectemp Electrical Services Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The dispute arose from the negotiation and proposed terms of the enterprise agreement between the union and the employer, which sought to govern the employment conditions of certain workers.

The central legal issues before the Commission were whether the proposed agreement was in the public interest and whether it complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to consider whether the agreement met the requirements for coverage, bargaining, and content, as well as whether it provided a safety net for employees and complied with the "better off overall test."

In reaching its decision, the Commission carefully examined the terms of the proposed agreement, the bargaining process, and the evidence presented by both parties. The Commission found that the agreement was fair and reasonable and met the statutory requirements for approval. It concluded that the agreement provided a safety net for employees, improved upon the conditions provided by the applicable award, and was in the public interest. Consequently, the Commission approved the agreement, finding that it was likely to be better off overall for the employees covered by the agreement.

The Fair Work Commission approved the Selectemp Electrical Services Pty. Ltd. and ETU Enterprise Agreement 2017-2021, effective from the date of the decision. The agreement will govern the employment conditions of the relevant workers, and the parties are bound by its terms.

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