DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/6415)

NUVAUS PTY LTD AND ETU GREENFIELDS AGREEMENT 2015-2016

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 5 NOVEMBER 2015

Application for approval of the NUVAUS PTY LTD and ETU Greenfields Agreement 2015-2016.

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

[4] 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.

[5] 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.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54, will operate from 12 November 2015. The nominal expiry date of the Agreement is 31 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) applied for the approval of the NUVAUS PTY LTD and ETU Greenfields Agreement 2015-2016 (the agreement). The applicant argued that the agreement was in the best interests of the employees covered by it. The company opposed the application, arguing that the agreement did not meet the requirements of the Fair Work Act 2009.

The legal issues before the Commission were whether the agreement was a protected action ballot agreement and whether it was in the best interests of the employees. The applicant argued that the agreement was a protected action ballot agreement, and therefore, the Commission had to approve it. The company argued that the agreement did not meet the requirements of the Fair Work Act 2009 and, therefore, the Commission should not approve it.

The Commission found that the agreement was a protected action ballot agreement, and the applicant had demonstrated that the agreement was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits for employees, including wage increases, improved leave entitlements, and better conditions for shift work. The Commission also found that the agreement was a genuine agreement between the parties, and the employees had been adequately informed of the terms of the agreement. Accordingly, the Commission approved the agreement.

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