DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5185)

EASCOM ELECTRICAL AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 5 DECEMBER 2017

Application for approval of the Eascom Electrical and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Eascom Electrical 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 Fair Work Commission considered an application for the approval of the Eascom Electrical and ETU Enterprise Agreement 2017-2021. The parties involved were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Electrical Trades Union of Australia, on behalf of their employees, and Eascom Electrical Pty Ltd. The application arose under section 234 of the Fair Work Act 2009, where the union and employer had reached an agreement but required the Commission's approval to be legally binding. The dispute centred on whether the agreement met the criteria for approval, including the provision of fair and better off outcomes for employees, compliance with the Fair Work Act, and adherence to the principles of industrial relations.

The legal issues before the Commission included whether the agreement was genuinely negotiated, provided fair and better off outcomes for employees, and complied with the Fair Work Act. The Commission had to consider if the agreement was made without undue coercion and whether it contained terms that met the standards set by the Act. Additionally, the Commission had to ensure that the agreement did not contain any terms that were contrary to public policy or would undermine the protections provided by the Act. The union argued that the agreement was fairly negotiated and provided adequate benefits to employees, while the employer contended that the agreement was necessary to maintain business viability.

In its decision, the Commission found that the agreement was genuinely negotiated and provided fair and better off outcomes for employees. The Commission determined that the agreement contained terms that were consistent with the principles of the Fair Work Act and did not contravene any public policy considerations. The Commission noted that the agreement provided for appropriate wage increases, enhanced leave provisions, and improved working conditions for employees. The Commission also found that the agreement did not contain any terms that would undermine the protections provided by the Act. Consequently, the Commission approved the agreement, making it legally binding on the parties.

The Fair Work Commission approved the Eascom Electrical and ETU Enterprise Agreement 2017-2021, finding that it was genuinely negotiated, provided fair and better off outcomes for employees, and complied with the Fair Work Act. The agreement was deemed to be in the best interests of the employees and did not contravene any public policy considerations. The approval of the agreement ensures that it is legally binding on the parties, providing a framework for the employment relationship between the union, employer, and employees.

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