DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/2654)

CBI-ELECTRIC AUSTRALIA ENTERPRISE AGREEMENT 2017

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JULY 2017

Application for approval of the CBI-electric Australia Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CBI-electric Australia Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement is a single enterprise agreement.

[2] The employer 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 July 2017 and, in accordance with s.54, will operate from 4 August 2017. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which applied for the approval of the CBI-electric Australia Enterprise Agreement 2017. The application was made to the Fair Work Commission, which was required to determine whether the agreement was in the best interests of the employees. The dispute centred on whether the agreement met the statutory requirements for approval, specifically in relation to the provisions regarding wage increases and the imposition of certain conditions.

The legal issues before the Commission included whether the agreement provided for fair and reasonable terms and conditions, and whether it met the statutory criteria for approval. The Commission needed to assess whether the agreement was likely to result in improved working conditions for employees and whether it was fair and reasonable in all its terms. Additionally, the Commission considered whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The Fair Work Commission found that the agreement was fair and reasonable in all its terms and met the statutory criteria for approval. The Commission noted that the agreement provided for wage increases that were in line with the cost of living and productivity improvements. The Commission also found that the agreement contained provisions that improved working conditions for employees, such as provisions for flexible working arrangements and the protection of employees' rights. The Commission was satisfied that the agreement was in the best interests of the employees and approved the agreement.

The Fair Work Commission approved the CBI-electric Australia Enterprise Agreement 2017, finding that it met the statutory criteria for approval and was in the best interests of the employees. The agreement provides for fair and reasonable terms and conditions and improves working conditions for employees. The Commission's decision provides guidance to employers and unions on the types of provisions that are likely to be considered fair and reasonable by the Commission.

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