DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/2020)

CBI-ELECTRIC AUSTRALIA ENTERPRISE AGREEMENT 2014

Manufacturing and associated industries
DEPUTY PRESIDENT GOSTENCNIK	SYDNEY, 16 JUNE 2015

Application for approval of the CBI-electric Australia Enterprise Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the CBI-electric Australia Enterprise Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement is a single enterprise agreement (the Applicant).

[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, and 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, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 16 June 2015 and, in accordance with s.54, will operate from 23 June 2015. The nominal expiry date of the Agreement is 30 June 2017.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seeking approval for the CBI-electric Australia Enterprise Agreement 2014. The application was brought before the Fair Work Commission to determine whether the agreement met the necessary legal requirements for approval under the Fair Work Act 2009.

The key legal issues that the court had to address were whether the agreement provided for fair and reasonable terms and conditions for employees, and whether it was appropriately negotiated and presented. The union argued that the agreement was fair and reasonable, while also asserting that it had been properly negotiated with the employer. The employer, however, raised concerns about specific terms and conditions outlined in the agreement, questioning their fairness and reasonableness.

The Fair Work Commission examined the negotiation process and the terms of the agreement in detail. The Commission considered the evidence provided by both parties and assessed whether the agreement met the statutory criteria for approval. The Commission found that while there were some areas of concern, the overall agreement was fair and reasonable and had been negotiated in good faith. Therefore, the Commission approved the application for the CBI-electric Australia Enterprise Agreement 2014 to be registered under the Fair Work Act 2009.

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