DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/5544)

EASY LIVING HOME ELEVATORS VIC PTY LTD ETU / AMWU CONSTRUCTION & SERVICE ENTERPRISE AGREEMENT 2015-2018

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 SEPTEMBER 2015

Application for approval of the Easy Living Home Elevators Vic Pty Ltd ETU/AMWU Construction & Service Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Easy Living Home Elevators Vic Pty Ltd ETU / AMWU Construction & Service Enterprise Agreement 2015-2018 (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.

[3] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU) and Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2015. The nominal expiry date of the Agreement is 30 April 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of the Easy Living Home Elevators Vic Pty Ltd ETU/AMWU Construction & Service Enterprise Agreement 2015-2018. The union argued that the proposed agreement was appropriate for the workforce and should be approved, while the employer contended that certain provisions were unreasonable and should not be included. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission centred on whether the proposed agreement complied with the Fair Work Act, specifically sections 234 and 235, which require that an enterprise agreement be certified as "not contrary to the public interest" and "appropriate" for the workforce. The employer raised objections to certain provisions concerning working hours, overtime, and penalty rates, arguing they were unreasonable and not suitable for the employees. The union, on the other hand, maintained that the provisions were necessary to protect the employees' rights and working conditions.

In reaching its decision, the Commission examined the content of the proposed agreement and the submissions from both parties. The Commission noted that the agreement contained provisions that were largely consistent with industry standards and practices, and it did not find any provisions that were contrary to the public interest. The Commission also found that the provisions related to working hours, overtime, and penalty rates were reasonable and appropriate for the workforce, taking into account the specific circumstances of the employees. Accordingly, the Commission approved the proposed agreement, finding that it met the statutory requirements for approval.

The Fair Work Commission approved the Easy Living Home Elevators Vic Pty Ltd ETU/AMWU Construction & Service Enterprise Agreement 2015-2018. The employer was ordered to implement the agreement in accordance with the terms and conditions set out in the approved agreement. The union was also directed to provide a copy of the approved agreement to all affected employees.

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