DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5535)

ANOVA ELECTRICAL PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 5 DECEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Anova 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.

[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 5 December 2017 and, in accordance with s.54, will operate from 12 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 Anova Electrical Pty Ltd and ETU Enterprise Agreement 2017-2021. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the approval of the enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including compliance with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009.

The legal issues before the court included whether the enterprise agreement had been fairly negotiated and whether it contained the necessary provisions to ensure it was a simple, fair and forward-looking agreement. The court also considered whether the agreement provided for the proper balance between the interests of the employer and the employees, and whether it contained adequate provisions for the resolution of disputes. Additionally, the court examined whether the agreement met the statutory requirements for approval, such as the disclosure of relevant information and the availability of the agreement to employees.

In delivering its decision, the Fair Work Commission found that the Anova Electrical Pty Ltd and ETU Enterprise Agreement 2017-2021 met the legal requirements for approval. The court held that the agreement had been fairly negotiated, contained the necessary provisions to ensure it was simple, fair and forward-looking, and provided for the proper balance between the interests of the employer and the employees. The court also found that the agreement contained adequate provisions for the resolution of disputes and met the statutory requirements for approval. Consequently, the court approved the enterprise agreement.

The Fair Work Commission ordered that the Anova Electrical Pty Ltd and ETU Enterprise Agreement 2017-2021 be approved and registered under the Fair Work Act 2009. The agreement was to take effect from the date of registration and would remain in force until the earlier of its expiry or termination in accordance with its provisions. The court also ordered that the applicant provide a copy of the approved agreement to the employer and the Fair Work Ombudsman.

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