[2017] FWCA 362

The attached document replaces the document previously issued with the above code on 18 January 2017.

The matter number “AG2016/7335 -” has been deleted from the Agreement title on page 1 of the Decision. This was a typographical error.

Amy White

Member Support Research Team

18 January 2017

[2017] FWCA 362

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/7335)

ALTERNATE GREEN ELECTRICAL SERVICES PTY. LTD. / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER WILSON	MELBOURNE, 18 JANUARY 2017

Application for approval of the Alternate Green Electrical Services 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 Alternate Green Electrical Services 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.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and the “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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 January 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 before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as the applicant, seeking approval of the Alternate Green Electrical Services Pty. Ltd./ETU/AMWU/Construction & Service Employees Enterprise Agreement 2015-2018. The dispute arose from the need to approve this enterprise agreement, which was necessary for the governing of employment terms between the union and the employer, Alternate Green Electrical Services Pty. Ltd.

The primary legal issue before the court was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included considerations such as whether the agreement had been fairly negotiated and whether it contained appropriate provisions for minimum entitlements, including minimum wages, leave entitlements, and other employment conditions. The court also needed to assess if the agreement was in the best interests of the employees and if it provided fair and reasonable terms.

The court examined the negotiation process and the contents of the agreement to determine if it complied with the legislative requirements. It assessed the fairness of the terms and conditions provided for in the agreement and the manner in which they were negotiated. The court also considered whether the agreement included all necessary minimum entitlements and whether it adequately protected the interests of the employees. After thorough deliberation, the court found that the agreement met all statutory requirements and was in the best interests of the employees. Consequently, the court approved the enterprise agreement.

The court's final order was the approval of the Alternate Green Electrical Services Pty. Ltd./ETU/AMWU/Construction & Service Employees Enterprise Agreement 2015-2018, confirming its compliance with the Fair Work Act 2009 and its suitability as a governing document for the employment terms between the union and the employer.

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