DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/6613)

ASSA ABLOY ENTRANCE SYSTEMS AUSTRALIA PTY LTD AND ETU ENTERPRISE AGREEMENT 2015-2019

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 16 NOVEMBER 2015

Application for approval of the ASSA ABLOY Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the ASSA ABLOY Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2015-2019 (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 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.

[4] The Agreement was approved on 16 November 2015 and, in accordance with s.54, will operate from 23 November 2015. The nominal expiry date of the Agreement is 28 February 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the ASSA ABLOY Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2015-2019 under the Fair Work Act 2009. The application was heard by the Fair Work Commission, specifically by Member M.A. Logan, who was required to determine whether the terms of the enterprise agreement met the criteria for registration under the Act.

The central legal issues before the Commission involved whether the agreement complied with the procedural requirements set out in the Fair Work Act, and whether it contained all the mandatory terms prescribed by the Act. The applicant argued that the agreement was fair and reasonable, having been negotiated in good faith and meeting all legislative requirements. The Commission had to examine the process of negotiation, the content of the agreement, and its compliance with the relevant statutory provisions.

Member Logan determined that the agreement was appropriately negotiated and contained all the mandatory terms required by the Fair Work Act. The process of negotiation was deemed to have been conducted in good faith and in accordance with the Act. The agreement was found to comply with all legislative requirements, including the prescribed minimum entitlements. Therefore, the Commission approved the application for registration of the enterprise agreement.

The Fair Work Commission ordered that the ASSA ABLOY Entrance Systems Australia Pty Ltd and ETU Enterprise Agreement 2015-2019 be registered under the Fair Work Act 2009, effective from the date of the decision. This registration validated the agreement, ensuring that it would be enforceable in accordance with the terms set out within it.

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