DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1121)

CONSTRUCTION ENGINEERING VICTORIA PTY. LTD. / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	MELBOURNE, 28 APRIL 2017

Application for approval of the Construction Engineering Victoria Pty. Ltd. / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Construction Engineering Victoria Pty. Ltd. / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018 (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] 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 and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[6] The Agreement was approved on 28 April 2017 and, in accordance with s.54, will operate from 5 May 2017. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

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 (Ceeiu) and the Electrical Trade Union (ETU) as applicants, seeking approval of a proposed enterprise agreement from the Fair Work Commission (FWC). The dispute centred around the Construction Engineering Victoria Pty. Ltd. / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018. The applicants argued that the agreement was in the best interests of the employees and complied with the Fair Work Act 2009.

The primary legal issues before the FWC were whether the proposed agreement was in the best interests of the employees and if it complied with the relevant statutory provisions. The applicants needed to demonstrate that the agreement would provide fair and reasonable terms and conditions for the employees, and that it did not disadvantage any employee or group of employees. Additionally, the FWC considered whether the agreement met the requirements of section 230 of the Fair Work Act, including the prohibition on terms that were less favourable than the applicable award or safety net.

The FWC concluded that the proposed agreement was in the best interests of the employees and met the statutory requirements. The Commission found that the agreement provided for fair and reasonable terms and conditions, and did not disadvantage any employee or group of employees. The FWC noted that the agreement included provisions for fair pay and conditions, as well as provisions for dispute resolution and flexibility. The Commission also found that the agreement complied with section 230 of the Fair Work Act, including the prohibition on terms that were less favourable than the applicable award or safety net.

The FWC approved the Construction Engineering Victoria Pty. Ltd. / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018, and the applicants' application for approval was successful. The FWC's decision was based on the evidence presented by the applicants, which demonstrated that the proposed agreement was in the best interests of the employees and met the statutory requirements. The Commission's approval of the agreement provides certainty for the parties involved and ensures that the employees will receive fair and reasonable terms and conditions of employment.

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