DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2016/2533)

BLAKE ELEVATORS PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER ROE	SYDNEY, 22 MARCH 2016

Application for approval of the Blake Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Blake Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018 (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. 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 and the “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 they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the organisations.

[4] The Agreement was approved on 22 March 2016 and, in accordance with s.54, will operate from 29 March 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of a proposed enterprise agreement between Blake Elevators Pty Ltd and the Electrical Trades Union (ETU) and the Australian Manufacturing Workers' Union (AMWU). The dispute was heard in the Fair Work Commission (FWC), an Australian tribunal with jurisdiction over employment relations matters. The unions submitted the Blake Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018 for registration under the Fair Work Act 2009. The dispute centred on the FWC's authority to approve the agreement and the compliance of the agreement with the Act.

The FWC considered whether it had the jurisdiction to approve the proposed agreement, and if the agreement complied with the requirements of the Fair Work Act. The FWC also examined whether the agreement met the "better off overall test" (BOOT), which requires that employees be no worse off and at least some employees be better off financially under the proposed agreement compared to the applicable award or existing agreement. Furthermore, the FWC scrutinised the fairness of the agreement's provisions concerning wages, conditions, and other terms and conditions of employment.

The FWC found that it had jurisdiction to approve the proposed agreement as the parties were engaged in a genuine enterprise bargaining process. The FWC determined that the agreement complied with the requirements of the Fair Work Act and met the BOOT. The FWC also found that the agreement was fair and reasonable, considering the economic climate and the parties' bargaining positions. The FWC noted that the agreement provided for a modest wage increase and improvements in certain conditions of employment, such as leave provisions and penalties for non-compliance. The FWC approved the Blake Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018.

The FWC ordered that the agreement be registered and made binding on the parties from the date of the decision. The FWC also directed that the agreement would operate until the earlier of its expiry date or the making of a new enterprise agreement between the parties. The FWC's decision provided certainty for the employees and employers involved and established a framework for future enterprise bargaining between the parties.

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

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Legal Principle Established