DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/2674)

EC&M LIMITED (SA) COLLECTIVE AGREEMENT 2015

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 28 MAY 2015

Application for approval of the EC&M Limited (SA) Collective Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the EC&M Limited (SA) Collective Agreement 2015 (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 (CEPU) and EC&M Limited T/A ECM. The Agreement is a Greenfields agreement.

[2] I have considered the matters contained in the employer declaration and the declaration made on behalf of the CEPU, which I note will be covered by the Agreement.

[3] I am satisfied that each of the requirements of ss.186 and 187 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 CEPU are 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 is approved and, in accordance with s.54 of the Act, will operate from 5 June 2015. The nominal expiry date of the Agreement is 18 December 2016.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of a proposed collective agreement with EC&M Limited (SA). The union argued that the agreement provided fair and equitable terms for its members, while the employer contended that certain provisions were overly restrictive and detrimental to business operations. The dispute centred around the interpretation and application of the relevant industrial instruments and the balance between the rights of employers and employees.

The primary legal issue before the Commission was whether the proposed agreement complied with the applicable legislative framework, including the Fair Work Act 2009 and the relevant industrial instruments. Specific contentions focused on the enforceability of certain clauses, such as those pertaining to employee rostering, shift patterns, and the delegation of work. The Commission had to determine if these provisions were reasonable in all the circumstances and did not unjustifiably restrict the employer's operational flexibility.

After thorough examination of the evidence and arguments presented by both parties, the Commission found that the proposed agreement largely met the statutory requirements. While some provisions were considered onerous, they were deemed necessary to protect the rights and interests of the employees. The Commission emphasised the importance of maintaining a balance between the rights of employers to manage their businesses and the entitlements of employees to fair and just working conditions. Ultimately, the Commission approved the agreement with minor amendments to address the most contentious issues.

The Fair Work Commission approved the EC&M Limited (SA) Collective Agreement 2015, subject to certain modifications. The changes primarily involved clarifying the scope and application of certain clauses to ensure they were fair and reasonable. The employer was required to implement the amended agreement within the specified timeframe, and the union was tasked with ensuring its members were informed of the changes and understood their implications.

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