DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5354)

MAXIM ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 6 DECEMBER 2017

Application for approval of the Maxim 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 Maxim 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. 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 6 December 2017 and, in accordance with s.54, will operate from 13 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 involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of the Maxim Electrical Services Pty Ltd and ETU Enterprise Agreement 2017-2021. The application was made under the Fair Work Act 2009 (Cth) and heard by the Fair Work Commission. The dispute centred on whether the agreement met the statutory requirements for registration, including whether it provided for the fair and reasonable terms and conditions of employment.

The primary legal issues were whether the agreement was a genuine enterprise agreement, whether it contained the necessary provisions regarding wages and other terms and conditions, and whether it was free from any prohibited content. The Union argued that the agreement was fair and reasonable and complied with all legal requirements, while Maxim Electrical Services Pty Ltd did not contest the approval but raised some minor procedural concerns.

In its decision, the Fair Work Commission considered the overall fairness and reasonableness of the agreement. It noted that the agreement contained the mandated provisions, including minimum wages and conditions, and did not include any content that was contrary to public policy or prohibited by law. The Commission found that the agreement was a genuine enterprise agreement that provided for fair and reasonable terms and conditions of employment. Consequently, the application for approval was successful.

The Fair Work Commission approved the Maxim Electrical Services Pty Ltd and ETU Enterprise Agreement 2017-2021, making it a registered agreement under the Fair Work Act 2009 (Cth). This decision ensures that the terms and conditions set out in the agreement are enforceable and provides a framework for the employment relationship between the parties for the specified period.

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