DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/2725)

UNIVERSAL UTILITIES HOLDINGS PTY LTD AND ETU - POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 28 JULY 2017

Application for approval of the Universal Utilities Holdings Pty Ltd and ETU - Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Universal Utilities Holdings Pty Ltd and ETU - Powerline Enterprise Agreement 2016-2020 (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] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 August 2017. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and Universal Utilities Holdings Pty Ltd. The Union sought approval of the Enterprise Agreement between the Union and Universal Utilities Holdings Pty Ltd for the period 2016-2020. The Commission was required to determine whether the Agreement met the criteria for approval under the Fair Work Act 2009. The Union argued that the Agreement was fair and reasonable and should be approved, while Universal Utilities Holdings Pty Ltd opposed the application on the basis that the Agreement did not meet the necessary criteria.

The key legal issue before the Commission was whether the Enterprise Agreement met the criteria for approval under section 231 of the Fair Work Act 2009. The Commission considered whether the Agreement provided for a fair and equitable resolution of the terms and conditions of employment, and whether it was in the best interests of the employees and the employer. The Commission also considered whether the Agreement provided for a fair and reasonable process for resolving disputes between the parties.

After considering the evidence and arguments presented by both parties, the Commission determined that the Enterprise Agreement met the criteria for approval under the Fair Work Act 2009. The Commission found that the Agreement provided for a fair and equitable resolution of the terms and conditions of employment, and that it was in the best interests of the employees and the employer. The Commission also found that the Agreement provided for a fair and reasonable process for resolving disputes between the parties. The Commission approved the Enterprise Agreement and issued a certificate of registration under section 235 of the Fair Work Act 2009.

The Commission's decision provides guidance to employers and unions on the requirements for an Enterprise Agreement to be approved under the Fair Work Act 2009. The decision highlights the importance of ensuring that Enterprise Agreements provide for a fair and equitable resolution of the terms and conditions of employment, and that they are in the best interests of both employees and employers. The decision also reinforces the importance of providing for a fair and reasonable process for resolving disputes between the parties.

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