DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/6569)

ELECTROMASTER HOLDINGS (NSW) PTY LTD WESTERN AUSTRALIA COMMERCIAL SECTOR (MECH SERVICES DIVISION) ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 13 NOVEMBER 2015

Application for approval of the Electromaster Holdings (NSW) Pty Ltd Western Australia Commercial Sector (Mech Services Division) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Electromaster Holdings (NSW) Pty Ltd Western Australia Commercial Sector (Mech Services Division) 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[4] 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 November 2015. The nominal expiry date of the Agreement is 31 October 2017.

COMMISSIONER

ANNEXURE A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Electromaster Holdings (NSW) Pty Ltd Western Australia Commercial Sector (Mech Services Division) Enterprise Agreement 2015. The application was brought in the Fair Work Commission, which was required to determine whether the agreement was appropriate for registration under the Fair Work Act 2009. The applicant argued that the agreement met the requirements for approval, while no party opposed the application.

The central legal issue before the Commission was whether the agreement complied with the statutory criteria for approval under the Fair Work Act. This required the Commission to consider whether the agreement was made in good faith, free from coercion, and whether it provided for the protection of employees' rights and interests. Additionally, the Commission had to assess whether the agreement included appropriate mechanisms for the resolution of workplace disputes.

The Commission found that the agreement was appropriately drafted and met all the necessary statutory criteria. The applicant demonstrated that the agreement was made in good faith and without coercion. Furthermore, the agreement included provisions that protected the rights and interests of employees, and it provided adequate mechanisms for the resolution of workplace disputes. The Commission was satisfied that the agreement would facilitate improved industrial relations and better outcomes for employees within the relevant sector.

The Fair Work Commission approved the Electromaster Holdings (NSW) Pty Ltd Western Australia Commercial Sector (Mech Services Division) Enterprise Agreement 2015, registering it under the Fair Work Act. The decision affirmed the validity of the agreement and its potential to enhance industrial relations within the specified sector.

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

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Legal Principle Established