DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/1257)

FELLS POWERLINE & ELECTRICAL PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 27 APRIL 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Fells Powerline & Electrical 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] 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 was approved on 27 April 2017 and, in accordance with s.54, will operate from 4 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 case before the Fair Work Commission involved an application for the approval of the Fells Powerline & Electrical Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the Commission's approval of the agreement, which had been negotiated between the union and the employer. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009 for being registered as a single-enterprise agreement.

The legal issues before the Commission were whether the agreement complied with the procedural and substantive fairness requirements under the Act. Procedurally, the Commission needed to consider whether the agreement had been made in accordance with the prescribed bargaining processes and whether the union had provided adequate notice and opportunity for employee consultation. Substantively, the Commission had to assess whether the agreement contained provisions that were fair and reasonable in all aspects, including remuneration, working conditions, and other terms and conditions of employment.

The Commission determined that the agreement had been made in accordance with the prescribed bargaining processes and that the union had provided adequate notice and opportunity for employee consultation. The Commission found that the agreement contained provisions that were fair and reasonable in all aspects. The agreement provided for fair and reasonable remuneration and working conditions, and the Commission was satisfied that it did not undermine the Australian workplace relations system. Therefore, the Commission approved the agreement under section 233 of the Fair Work Act 2009.

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