DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/4884)

PRIME ELECTRICAL & DATA SERVICES PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 7 DECEMBER 2017

Application for approval of the Prime Electrical & Data Services Pty. Ltd. and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Prime Electrical & Data 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. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged an application with the Fair Work Commission for the approval of the Prime Electrical & Data Services Pty. Ltd. and ETU Enterprise Agreement 2017 - 2021. The dispute arose from the application for the approval of the Enterprise Agreement by the union, which represented the employees of the company. The Fair Work Commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a "bare bones" agreement, and if it contained the "better off overall test" (BOOT) provisions. The union argued that the agreement was not a bare bones agreement, and that it met the BOOT requirements. The company, on the other hand, contended that the agreement was a bare bones agreement and did not meet the BOOT provisions. The Commission had to decide whether the agreement was a bare bones agreement and whether it met the BOOT requirements.

The Fair Work Commission found that the agreement was not a bare bones agreement, as it contained provisions that went beyond the minimum entitlements provided for in the relevant awards. The Commission also found that the agreement met the BOOT requirements, as the employees would be better off overall with the agreement than without it. The Commission approved the agreement, and it came into effect on 1 April 2017.

The Fair Work Commission approved the Prime Electrical & Data Services Pty. Ltd. and ETU Enterprise Agreement 2017 - 2021, finding that it was not a bare bones agreement and that it met the BOOT requirements. The agreement came into effect on 1 April 2017.

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