DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5825)

J.B. HART ELECTRICS PROPRIETARY LIMITED AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER SAUNDERS	MELBOURNE, 11 DECEMBER 2017

Application for approval of the J.B. Hart Electrics Proprietary Limited and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the J.B. Hart Electrics 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 Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or

(b) result in substantial changes to the Agreement.

[3] The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

[4] Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

[5] Subject to the Undertakings, 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.

[6] 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.

[7] 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 matter before the Fair Work Commission involved an application for the approval of the J.B. Hart Electrics Proprietary Limited and ETU Enterprise Agreement 2017-2021. The parties to the agreement were the employer, J.B. Hart Electrics Proprietary Limited, and the union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered.

The primary legal issues the Fair Work Commission had to address were whether the agreement was made in good faith and whether it complied with the provisions of the Act, particularly regarding minimum entitlements and the process for making the agreement. The union argued that the agreement was fair and reasonable, while the employer contended that certain provisions were non-compliant. The Commission had to examine whether the agreement provided for minimum entitlements and whether it had been made in accordance with the process prescribed by the Act.

In its decision, the Commission found that the agreement was largely compliant with the requirements of the Act. It determined that the agreement provided for minimum entitlements and that the process for making the agreement was sound. The Commission noted that while there were some issues with the wording of certain clauses, these did not detract from the overall fairness of the agreement. Consequently, the Fair Work Commission approved the agreement and ordered its registration, subject to certain minor amendments to address the identified issues.

The Fair Work Commission's final orders included the approval of the J.B. Hart Electrics Proprietary Limited and ETU Enterprise Agreement 2017-2021, with specific amendments to ensure compliance with the Fair Work Act 2009. These amendments were aimed at clarifying certain provisions to meet the legal requirements fully.

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