DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/4486)

JENTEC PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES 2014-2018 ENTERPRISE AGREEMENT

Building, metal and civil construction industries
COMMISSIONER GREGORY	MELBOURNE, 29 AUGUST 2016

Application for approval of the Jentec Pty Ltd / ETU / AMWU / Construction & Service Employees 2014 - 2018 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the Jentec Pty Ltd / ETU / AMWU / Construction & Service Employees 2014 - 2018 Enterprise Agreement (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 and “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 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 5 September 2016. The nominal expiry date of the Agreement is 31 August 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this application were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), Jentec Pty Ltd, and the Electrical Trades Union and the Australian Manufacturing Workers' Union (the other Unions). The dispute centred around the Union's application for approval of the Jentec Pty Ltd / ETU / AMWU / Construction & Service Employees 2014 - 2018 Enterprise Agreement. The case was heard in the Fair Work Commission.

The legal issues that the Commission was required to decide included whether the terms of the proposed enterprise agreement complied with the Fair Work Act 2009 and whether the agreement met the requirements for approval under the Act. The Commission also had to consider the impact of the agreement on employees and the potential for it to facilitate, improve or assist in facilitating or improving the economic, productivity, efficiency or capability of the employer's business.

The Commission found that the proposed enterprise agreement complied with the Fair Work Act and met the requirements for approval. The Commission noted that the agreement contained provisions that facilitated, improved or assisted in facilitating or improving the economic, productivity, efficiency or capability of Jentec's business. The Commission also found that the agreement did not adversely affect employees and that the Union had adequately consulted with employees during the negotiation process. The Commission approved the Jentec Pty Ltd / ETU / AMWU / Construction & Service Employees 2014 - 2018 Enterprise Agreement, subject to certain modifications to ensure compliance with the Act.

The final orders of the Commission included the approval of the enterprise agreement, subject to the modifications made by the Commission. The Commission also ordered that the agreement be registered with the Fair Work Commission and that copies of the agreement be provided to relevant parties. The Union was directed to provide a copy of the agreement to the Fair Work Ombudsman within five business days of the date of the decision.

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