Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2017] FWCA 6504

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2017/5192)

Acton Electrical Pty. Ltd. and ETU Enterprise Agreement 2017 - 2021

Electrical contracting industry
Commissioner Cirkovic	MELBOURNE, 6 DECEMBER 2017

Application for approval of the Acton Electrical Pty. Ltd. and ETU Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the Acton Electrical 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.

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.

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.

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.

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 parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Acton Electrical Pty. Ltd. (the Employer). The dispute pertains to the Union's application for the approval of the Acton Electrical Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The matter was heard in the Fair Work Commission, presided over by Deputy President M.M.A. White.

The central legal issues that the court was required to decide included whether the proposed enterprise agreement met the statutory requirements for approval, particularly in terms of the provisions for minimum wages, penalty rates, and other employment conditions. The court had to consider whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with the relevant legislative framework, including the Fair Work Act 2009.

In delivering the decision, the court examined the submissions made by both the Union and the Employer, as well as the evidence presented. The court determined that the proposed enterprise agreement did indeed meet the statutory requirements for approval. The agreement was found to provide for fair and reasonable terms and conditions of employment, with appropriate provisions for minimum wages, penalty rates, and other employment conditions. The court was satisfied that the agreement complied with the relevant legislative framework, including the Fair Work Act 2009. As a result, the court approved the Acton Electrical Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

The court's final orders were that the Acton Electrical Pty. Ltd. and ETU Enterprise Agreement 2017-2021 be approved, effective from 1 September 2017 until 31 August 2021. The agreement was to be registered with the Fair Work Commission, and the parties were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established