DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/2459)

SENVION AUSTRALIA SERVICE AND MAINTENANCE EMPLOYEES ENTERPRISE AGREEMENT 2014

Electrical power industry
COMMISSIONER LEWIN	MELBOURNE, 11 JUNE 2015

Application for approval of the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2014.

[1] On 20 April 2015, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Applicant) made an application for approval of the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2014 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s 185(3)(a) of the Act. In the Employer’s statutory declaration in support of an application for approval of an enterprise agreement filed by Senvion Australia Pty Ltd, the reason for the delay was adequately explained. In all the circumstances, the Commission considers it fair to extend the period for lodgement and does so pursuant to s 185(3)(b).

[3] The Commission is satisfied that each of the requirements of ss 186, 187 and 188 of the Act, 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 to be covered by the Agreement. In accordance with s 201(2), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 18 June 2015. The nominal expiry date of the Agreement is 10 June 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Price code G, AE414270 PR568190

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia seeking approval for the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2014. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which was tasked with determining if the agreement complied with the requirements for registration and approval.

The legal issues before the court included whether the agreement had been made in good faith, whether it included appropriate provisions for employee protection, and whether it complied with the statutory requirements outlined in the Fair Work Act. Additionally, the court had to assess if the agreement was fair and whether it included all mandatory terms specified by the Act.

The Fair Work Commission found that the agreement had been made in good faith and included adequate provisions for employee protection. The court was satisfied that the agreement met all the statutory requirements under the Fair Work Act and was fair. The agreement was approved for registration as it contained all the mandatory terms as stipulated by the Act. The decision was based on a comprehensive analysis of the agreement's provisions and its alignment with the legislative framework.

The final orders of the Fair Work Commission were that the Senvion Australia Service and Maintenance Employees Enterprise Agreement 2014 be approved for registration under the Fair Work Act 2009. The agreement was to be registered on the terms and conditions specified in the application and the agreement itself, ensuring its compliance with the Act.

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