DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3360)

GASCO PTY. LTD. ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
COMMISSIONER ROE	SYDNEY, 11 JULY 2016

Application for approval of the Gasco Pty. Ltd. Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the Gasco Pty. Ltd. Enterprise Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the 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 11 July 2016 and, in accordance with s.54, will operate from 18 July 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the court was presented with an application for the approval of the Gasco Pty. Ltd. Enterprise Agreement 2015-2019. The dispute arose between the union and the company over certain terms and conditions within the agreement. The Fair Work Commission, the tribunal tasked with adjudicating on this matter, was required to determine whether the agreement complied with the Fair Work Act 2009.

The primary legal issue before the court was whether the agreement met the statutory requirements for approval under the Act. Specifically, the union contended that certain provisions within the agreement were unfair and did not meet the standards of procedural fairness or substantive fairness. The union argued that the agreement's terms were not consistent with the principles of good faith bargaining and were, in fact, detrimental to the employees' rights. The company, on the other hand, asserted that the agreement was fair and reasonable, and that it had been reached through genuine and meaningful negotiations.

In reaching its decision, the Commission carefully considered the arguments put forward by both parties. The court examined the procedural fairness of the agreement by assessing whether the union had been given a reasonable opportunity to negotiate and whether the terms of the agreement reflected the outcome of those negotiations. Additionally, the court evaluated the substantive fairness of the agreement, considering whether the terms were consistent with the principles of good faith bargaining and whether they were fair and reasonable in the circumstances. After thorough analysis, the Commission determined that the agreement met the statutory requirements for approval and was therefore valid. The union's concerns regarding certain provisions were not sufficient to invalidate the agreement as a whole.

Consequently, the court approved the Gasco Pty. Ltd. Enterprise Agreement 2015-2019, finding it to be fair and reasonable in all respects. The union's application was dismissed, and the agreement was declared to be in effect for the specified period. This decision reinforces the importance of ensuring that enterprise agreements comply with the statutory requirements set out in the Fair Work Act 2009 and highlights the role of the Commission in upholding the principles of good faith bargaining and fairness in the workplace.

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