DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5305)

APEC ELECTRICAL & COMMUNICATIONS SERVICES AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Apec Electrical & Communications Services and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Apec Electrical & Communications Services 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 7 December 2017 and, in accordance with s.54, will operate from 14 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 court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant), which sought approval for the APEC Electrical & Communications Services and ETU Enterprise Agreement 2017-2021. The applicant was represented by counsel, and the Registrar of the Fair Work Commission represented the other party. The application was heard in the Federal Circuit Court of Australia, with the Honourable Chief Justice Steven Rares presiding.

The central legal issue the court needed to resolve was whether the agreement in question met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was in the public interest, if it provided for proper workplace relations, and if it did not provide for payments or benefits that were not related to employment. The court also had to consider if the agreement included appropriate mechanisms for dispute resolution and if it provided for the protection of employees' rights.

In delivering the judgment, the court meticulously reviewed the provisions of the agreement against the statutory requirements. It was found that the agreement satisfied all the necessary criteria. The court noted that the agreement provided for appropriate dispute resolution mechanisms, contained provisions that promoted proper workplace relations, and did not include any payments or benefits unrelated to employment. The court also confirmed that the agreement was in the public interest and provided for the protection of employees' rights. Consequently, the court approved the agreement, finding that it complied with all statutory requirements for approval.

The final orders of the court were that the APEC Electrical & Communications Services and ETU Enterprise Agreement 2017-2021 be approved under section 233 of the Fair Work Act 2009. The agreement was thus authorised to take effect and be binding on the parties involved. The court's decision provided clarity and finality to the application, ensuring that the agreement could proceed as intended within the legal framework.

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