DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/3835)

NORDIC ELEVATORS PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES ENTERPRISE AGREEMENT 2015 -2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 JULY 2015

Application for approval of the Nordic Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Nordic Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees 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] On the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[4] The Australian Manufacturing Workers’ Union 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) and based on the statutory declaration provided by the organisations, I note that the Agreement covers the organisations.

[5] The Agreement was approved on 9 July 2015 and, in accordance with s.54, will operate from 16 July 2015. The nominal expiry date of the Agreement is 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Nordic Elevators Pty Ltd, the Electrical Trade Union, and the Australian Manufacturing Workers’ Union. The dispute centred around the application for the approval of the Nordic Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018. The application was lodged under section 188 of the Fair Work Act 2009, and the case was heard in the Fair Work Commission.

The primary legal issue that the court needed to resolve was whether the agreement met the requirements set out in the Fair Work Act 2009, specifically concerning the process and content of the agreement. This involved examining whether the agreement had been fairly negotiated, included the minimum terms and conditions specified by the Act, and complied with the procedural requirements outlined in the legislation. Additionally, the court had to determine whether the agreement would be in the best interests of the employees and employers involved.

The Fair Work Commission found that the application for the approval of the enterprise agreement was valid. The Commission determined that the agreement had been fairly negotiated and included all the required minimum terms and conditions. Furthermore, the Commission was satisfied that the procedural requirements had been met and that the agreement was in the best interests of the employees and employers. The court also noted that the agreement addressed the specific needs of the parties involved and provided for a fair and reasonable working environment.

As a result of the court's decision, the Nordic Elevators Pty Ltd / ETU / AMWU / Construction & Service Employees Enterprise Agreement 2015-2018 was approved and registered under the Fair Work Act 2009. This decision provided certainty and stability for the employees and employers involved in the agreement, as well as ensuring compliance with the relevant legislation.

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