DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5283)

A.S.I. ELECTRICS PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2017-2021

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 5 DECEMBER 2017

Application for approval of the A.S.I. Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021.

[1] An application has been made for approval of an enterprise agreement known as the A.S.I. Electrics 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

In the recent case involving the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was called upon to determine the approval of the A.S.I. Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021. The union and the employer sought the commission's endorsement of the agreement, which outlined the terms and conditions of employment for the workers represented by the union within the specified timeframe.

The legal issues before the commission centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the commission needed to assess if the agreement was in the best interests of the employees, if it contained genuine bargaining, and whether it complied with the procedural requirements set forth in the legislation. The commission also needed to consider the balance of rights and obligations between the parties and the broader public interest.

In its reasoning, the commission examined the provisions of the agreement and the submissions made by both the union and the employer. The commission found that the agreement contained provisions that were in the best interests of the employees, including fair and reasonable terms that reflected the needs of the workforce. Furthermore, the commission was satisfied that the agreement had been genuinely bargained between the parties and that it complied with the procedural requirements. The commission also considered the balance of rights and obligations and determined that the agreement did not unduly harm the broader public interest.

Consequently, the Fair Work Commission approved the A.S.I. Electrics Pty. Ltd. and ETU Enterprise Agreement 2017-2021, recognising it as a genuine and fair agreement that meets the requirements of the Fair Work Act 2009. This decision ensures that the terms and conditions of employment for the workers represented by the union are regulated by the approved agreement, providing certainty and stability for both the employer and the 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