Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2016] FWCA 1592

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal,

Plumbing and Allied Services Union of Australia

(AG2016/2376)

851 ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE

AGREEMENT 2015-2016

Electrical contracting industry

COMMISSIONER ROE

SYDNEY, 15 MARCH 2016

Application for approval of the 851 Electrical Services Pty Ltd and ETU Enterprise

Agreement 2015-2016.

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

851 Electrical 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing

and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] 851 Electrical Services Pty Ltd 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. 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.

[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.
[2016] FWCA 1592

[6] The Agreement was approved on 15 March 2016 and, in accordance with s.54, will

operate from 22 March 2016. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 1592

ANNEXURE A

CaseChat Overview and Summary

The application before the Fair Work Commission involved the approval of an enterprise agreement, specifically the 851 Electrical Services Pty Ltd and ETU Enterprise Agreement 2015-2016. The agreement was lodged by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia under section 185 of the Fair Work Act 2009. The primary legal issue before the Commission was to determine whether the Agreement met the requirements for approval as stipulated in sections 186, 187, 188, and 190 of the Fair Work Act. The agreement in question was a single enterprise agreement covering a specific group of employees within 851 Electrical Services Pty Ltd.

The Commission considered the written undertakings provided by 851 Electrical Services Pty Ltd and concluded that these undertakings would not result in financial detriment to the employees or substantial changes to the Agreement. Furthermore, the Commission was satisfied that the group of employees covered by the Agreement was fairly chosen, taking into account the relevant factors outlined in section 186(3) and (3A) of the Fair Work Act. The model consultation term prescribed by the Fair Work Regulations 2009 was also deemed to be incorporated into the Agreement by operation of section 205(2) of the Act. Additionally, the Agreement was noted to cover the bargaining representative, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, as it had given notice under section 183 of the Act.

Upon reviewing the application and considering the factors outlined above, the Commission approved the Agreement. The approval was granted subject to the written undertakings provided by 851 Electrical Services Pty Ltd, and the Agreement was set to operate from 22 March 2016, with a nominal expiry date of 31 July 2016. The decision was rendered on 15 March 2016, and the Agreement was officially approved in accordance with section 54 of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established