DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/2756)

LJ SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2015-2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

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

[1] An application has been made for approval of an enterprise agreement known as the LJ 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.

[3] 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] Pursuant to s.202(4) of the Act, the model flexibility 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 27 May 2016. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the LJ Services Pty Ltd and ETU Enterprise Agreement 2015-2016. The dispute centred around whether the agreement met the legal standards required for approval under the Fair Work Act 2009. The parties contested various provisions, particularly those related to employee conditions and entitlements.

The primary legal issues the Commission had to resolve were whether the agreement contained all mandatory terms, if the agreement was made in good faith, and whether it complied with the statutory requirements for enterprise agreements. The Commission also needed to consider whether the agreement met the "better off overall test," ensuring that employees were not worse off under the new agreement than they would be under the applicable award or existing agreement.

In delivering its decision, the Commission meticulously reviewed the provisions of the agreement against the statutory framework. It found that the agreement did indeed include all mandatory terms and was made in good faith. The Commission confirmed that the agreement satisfied the better off overall test, as it provided employees with improved conditions compared to their previous arrangements. Consequently, the Commission approved the agreement, recognising its compliance with the legal standards required under the Fair Work Act 2009.

The final orders of the Commission were that the LJ Services Pty Ltd and ETU Enterprise Agreement 2015-2016 be approved as a registered agreement under the Fair Work Act 2009. This decision ensured that the agreement would govern the employment conditions of the employees covered by it, effective from the date of registration.

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