DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/551)

DYNAMITE ELECTRICAL PTY LTD SYDNEY UNION ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 30 MARCH 2016

Application for approval of the Dynamite Electrical Pty Ltd Sydney Union Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Dynamite Electrical Pty Ltd Sydney Union Enterprise Agreement 2015 (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 (CEPU). 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] The CEPU 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 April 2016. The nominal expiry date of the Agreement is 30 November 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the Dynamite Electrical Pty Ltd Sydney Union Enterprise Agreement 2015. The application for approval was contested by the employer, who raised objections regarding certain provisions of the agreement. The matter was heard by the Fair Work Commission, the relevant industrial relations tribunal in Australia.

The central legal issues before the Commission were whether the provisions of the agreement complied with the requirements of the Fair Work Act 2009 and whether the agreement contained any unlawful content. Specifically, the employer contested the validity of certain provisions relating to pay rates, penalty rates, and shift loadings. The Commission had to determine if these provisions were consistent with the relevant industrial instruments and whether they met the criteria for an enterprise agreement.

In its decision, the Fair Work Commission considered the arguments presented by both parties and examined the provisions in question. The Commission found that the provisions of the agreement were largely consistent with the relevant industrial instruments and did not contain any unlawful content. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the contested provisions were necessary to ensure that employees received appropriate compensation for their work. Consequently, the Commission approved the agreement, finding that it met the requirements of the Fair Work Act.

As a result of the decision, the Dynamite Electrical Pty Ltd Sydney Union Enterprise Agreement 2015 was approved and will now serve as the governing industrial instrument for the employees covered by the agreement. The employer and the union are bound by the terms of the agreement, and any disputes arising from its interpretation or application must be resolved in accordance with the relevant industrial relations processes.

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