DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6743)

ONE SOURCE ELECTRICAL & COMMUNICATIONS PTY LIMITED AND ETU ENTERPRISE AGREEMENT 2016-2019

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 16 NOVEMBER 2016

Application for approval of the One Source Electrical & Communications Pty Limited and ETU Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the One Source Electrical & Communications Pty Limited and ETU Enterprise Agreement 2016-2019 (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 23 November 2016. The nominal expiry date of the Agreement is 31 October 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval for the One Source Electrical & Communications Pty Limited and ETU Enterprise Agreement 2016-2019. The respondent opposed the application, contending that the agreement did not meet the criteria set out in the Fair Work Act 2009. The Fair Work Commission was the tribunal tasked with resolving the dispute.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the procedural and substantive fairness requirements under the Fair Work Act. The Commission examined whether the agreement was negotiated in good faith and whether it met the Better Off Overall Test (BOOT). Additionally, the Commission considered whether the agreement contained provisions that were contrary to public policy.

The Commission found that the agreement was negotiated in good faith and met the BOOT. The Commission also determined that the agreement did not contain any provisions that were contrary to public policy. In reaching its decision, the Commission considered the evidence presented by both parties and the relevant statutory provisions. The Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Act. The modifications related to the inclusion of a clause that provided for the payment of overtime, which was not included in the original agreement.

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