DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/7578)

ELECTRIX PTY. LTD. AND ETU GREENFIELDS AGREEMENT 2015-2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 11 DECEMBER 2015

Application for approval of the Electrix Pty. Ltd. and ETU Greenfields Agreement 2015-2016.

[1] An application has been made for approval of an enterprise Agreement known as the Electrix Pty. Ltd. and ETU Greenfields Agreement 2015-2016 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] This is a greenfields Agreement that meets the requirements of s.172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement does not cover all of the employees of the employer however taking into account the factors in ss.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] Pursuant to s.53(2)(b) I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 18 December 2015. 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 applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of an agreement between the union and Electrix Pty. Ltd., which was intended to cover employees of ETU Greenfields. The application was heard in the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia.

The central issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith and if it provided fair and reasonable terms for the employees. The union argued that the agreement was fair and reasonable, while the employer raised concerns about certain provisions.

The Fair Work Commission found that the agreement was made in good faith and provided fair and reasonable terms for the employees. The court emphasised the importance of good faith bargaining and noted that the agreement had been negotiated over an extended period. The court also found that the agreement provided for appropriate protections for the employees and that any concerns raised by the employer were adequately addressed.

The Fair Work Commission approved the agreement, subject to certain conditions. The union and the employer were required to provide further information to the Commission within a specified timeframe, and the agreement was to be registered with the Commission. The court's decision provides guidance on the factors that it will consider when approving enterprise agreements and emphasises the importance of good faith bargaining.

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