DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5821)

ELLIOT AIRCONDITIONING CONTROLS PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 – 2021

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 11 DECEMBER 2017

Application for approval of the Elliot Airconditioning Controls Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Elliot Airconditioning Controls 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 18 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 applicant union sought approval of an enterprise agreement between the union and Elliot Airconditioning Controls Pty Ltd. The applicant argued the agreement was in the best interests of the employees. The respondent company opposed the application. The dispute was heard in the Fair Work Commission.

The legal issues before the court were whether the agreement was made genuinely and in good faith, whether it was for the benefit of the employees, and whether it complied with the requirements of the Fair Work Act 2009. The court had to consider the views of the employees and the employer, the nature of the agreement, and the provisions of the Act.

The court found that the agreement was made genuinely and in good faith and that it was for the benefit of the employees. The court considered the views of the employees and the employer, and found that the agreement was fair and reasonable. The court also found that the agreement complied with the requirements of the Act. The court approved the agreement.

The Fair Work Commission approved the Elliot Airconditioning Controls Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

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