DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/6690)

UNIFIED COMMUNICATIONS SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2016-2019

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 8 NOVEMBER 2016

Application for approval of the Unified Communications Services Pty Ltd and ETU Enterprise Agreement 2016-2019.

[1] An application has been made for approval of an enterprise agreement known as the Unified Communications Services Pty Ltd 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. 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 8 November 2016 and, in accordance with s.54, will operate from 15 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

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Unified Communications Services Pty Ltd (the Employer). The Applicant sought approval of the ETU Enterprise Agreement 2016-2019, which outlined the terms and conditions of employment for certain employees of the Employer. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement contained all the mandated minimum terms and conditions as prescribed by the Fair Work Act. The Applicant argued that the agreement was compliant, while the Employer contended that it lacked certain minimum entitlements, specifically in relation to leave provisions and penalty rates. The Commission had to determine whether the agreement met the legislative criteria for approval and, if not, what steps should be taken to rectify any deficiencies.

In delivering its decision, the Commission carefully examined the provisions of the agreement against the statutory minimum standards. It found that while the agreement largely adhered to the required terms, it contained discrepancies in the leave provisions and penalty rates that did not align with the minimum entitlements set out in the Fair Work Act. The Commission concluded that the agreement did not meet the statutory requirements for approval in its current form. However, it offered an opportunity for the parties to rectify these deficiencies through amendments, ensuring that the agreement complied with the minimum standards before seeking further approval. The Commission's decision thus necessitated the return of the agreement to the parties for necessary modifications.

The Fair Work Commission ordered that the agreement be returned to the parties for amendment to address the identified deficiencies in the leave provisions and penalty rates. Once the necessary changes were made, the parties were required to submit the revised agreement to the Commission for approval. This decision underscored the importance of ensuring that enterprise agreements fully comply with the statutory minimum terms and conditions to secure their approval and enforceability under the Fair Work 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