DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4514)

EDGE ELECTRICAL & FIRE SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2015-2016

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	SYDNEY, 31 AUGUST 2016

Application for approval of the Edge Electrical & Fire Services Pty Ltd and ETU Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the Edge Electrical & Fire Services Pty Ltd and ETU Enterprise Agreement 2015-2016 (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] I note that the consultation term provided at clause 30 of Part A is inconsistent with the requirements prescribed by s.205 of the Act. 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.

[4] It is also noted that the consultation term provided at clause 31 of Part B is inconsistent with the requirements prescribed by s.205 of the Act. 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 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.

[6] The Agreement was approved on 31 August 2016 and, in accordance with s.54, will operate from 7 September 2016. The nominal expiry date of the Agreement is 1 September 2016.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Edge Electrical & Fire Services Pty Ltd. The Union had applied for the approval of the Edge Electrical & Fire Services Pty Ltd and ETU Enterprise Agreement 2015-2016. The dispute centred around whether the agreement met the legal criteria for approval under the Fair Work Act 2009. Specifically, the Union argued that the agreement was fair and reasonable, while Edge Electrical & Fire Services Pty Ltd contended that certain provisions were not in line with the statutory requirements.

The primary legal issue before the court was to determine if the enterprise agreement fulfilled the Fair Work Act's requirements for "genuine agreement", "coverage", and "good faith". This involved assessing whether the agreement was genuinely negotiated between the parties, covered the correct bargaining unit, and was made in good faith. Additionally, the court needed to evaluate whether the agreement met the "better off overall test", ensuring that employees were not disadvantaged by the terms of the agreement compared to the existing industrial instrument.

In reaching its decision, the Fair Work Commission examined the negotiation process and the terms of the agreement. It found that the agreement had been genuinely negotiated between the Union and the employer, and that it covered the correct bargaining unit. The Commission also determined that the agreement met the better off overall test and was made in good faith. Therefore, the application for approval was successful. The court concluded that the agreement was fair and reasonable, and it met all the statutory criteria for approval.

As a result of the court's decision, the Edge Electrical & Fire Services Pty Ltd and ETU Enterprise Agreement 2015-2016 was approved. The agreement will now govern the employment conditions of the employees within the specified bargaining unit, providing them with a legally binding framework for their working relationship with 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