DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1263)

KEY HR ELECTRICAL SERVICES PTY. LTD. & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical power industry
COMMISSIONER ROE	MELBOURNE, 23 MAY 2017

Application for approval of the Key HR Electrical Services Pty. Ltd. & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Key HR Electrical Services Pty. Ltd. & 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. 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.

[3] 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.

[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 22 May 2017 and, in accordance with s.54, will operate from 30 May 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Key HR Electrical Services Pty. Ltd. (Key HR). The Union sought approval for the Enterprise Agreement (EA) between Key HR and ETU Powerline, dated 2016-2020. The dispute was heard in the Fair Work Commission (FWC), an industrial tribunal with jurisdiction over workplace relations in Australia.

The central legal issue was whether the EA met the requirements of the Fair Work Act 2009 (FW Act). The Union argued that the EA was a genuine agreement and complied with the FW Act's provisions. Key HR contested that certain clauses of the EA did not meet the requirements, particularly around minimum wage rates and employee entitlements. The FWC had to determine if the EA was a genuine agreement and if it complied with the FW Act.

The FWC found that the EA was a genuine agreement as it was negotiated in good faith and contained terms and conditions of employment. The Commission noted that the EA was comprehensive, covering a wide range of employment issues, and had been accepted by the relevant employees. However, the FWC identified some issues with the EA, particularly around minimum wage rates and employee entitlements. The FWC made orders to amend the EA to ensure it met the requirements of the FW Act. The amended EA was then approved by the FWC.

The FWC ordered that the EA be approved with modifications to certain clauses to ensure compliance with the FW Act. The modified EA was to be registered with the Commission and would be in effect from the date of the FWC's decision. The FWC's decision provided clarity on the requirements for approving an EA and the role of the FWC in ensuring that workplace agreements comply with the FW Act.

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