DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/3198)

CSCOMMS PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2015-2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 24 MAY 2016

Application for approval of the CSCOMMS Pty. Ltd. and ETU Enterprise Agreement 2015-2016.

[1] An application has been made for approval of an enterprise agreement known as the CSCOMMS 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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 is approved and, in accordance with s.54 of the Act, will operate from 31 May 2016. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and CSCOMMS Pty. Ltd. The applicant sought to have the agreement approved under the provisions of the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements for approval, including being free from prohibited content and meeting the standards set by the Fair Work Commission.

The legal issues that the Fair Work Commission was required to decide included whether the agreement complied with the statutory requirements of the Fair Work Act, whether it contained any prohibited content, and whether it met the ‘better off overall test’. This test requires that employees under the agreement be no worse off financially than they would be under the applicable awards or registered agreements, and at least one term must improve their conditions.

The Fair Work Commission found that the agreement did not contain any prohibited content and met the better off overall test. The Commission noted that the agreement provided for a range of benefits, including wage increases and improved working conditions. The Commission also found that the agreement was made in good faith and was not contrary to public policy. Accordingly, the Commission approved the agreement, stating that it would provide for fair and reasonable terms for the employees covered by the agreement.

The Fair Work Commission's decision was final and binding on the parties. The agreement was approved and would come into effect from the date of the Commission's decision. The parties were required to take all necessary steps to give effect to the agreement, including providing copies of the agreement to all employees covered by it.

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