DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/2544)

VICTORIAN ELEVATORS PL ETU / AMWU CONSTRUCTION & SERVICE EMPLOYEE ENTERPRISE AGREEMENT 2014-2018

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 11 MAY 2015

Application for approval of the Victorian Elevators PL ETU / AMWU Construction & Service Employee Enterprise Agreement 2014-2018.

[1] An application has been made for approval of an enterprise agreement known as the Victorian Elevators PL ETU / AMWU Construction & Service Employee Enterprise Agreement 2014-2018 (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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), 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 declarations provided by the organisations, I note that the Agreement covers the organisations.

[4] The Agreement was approved on 11 May 2015 and, in accordance with s.54, will operate from 18 May 2015. The nominal expiry date of the Agreement is 30 April 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Victorian Elevators PL ETU/AMWU Construction & Service Employee Enterprise Agreement 2014-2018. The dispute arose between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the employer, Victorian Elevators Private Limited. The core issue was whether the enterprise agreement in question complied with the relevant provisions of the Fair Work Act 2009 and could therefore be approved by the Commission.

The legal issues central to the decision included whether the agreement satisfied the requirements of section 230 of the Act, which mandates that enterprise agreements must not have the effect of disadvantaging employees for the purpose of gaining a benefit for employers. The Commission also needed to determine whether the agreement met the criteria of good faith bargaining, as outlined in section 227 of the Act. Furthermore, the agreement had to be assessed for its compliance with the Fair Work (Registered Organisations) Act 2009 and other relevant legislative provisions.

In rendering its decision, the Commission meticulously examined the provisions of the enterprise agreement against the statutory requirements. The analysis revealed that the agreement did not disadvantage employees and was indeed the product of genuine negotiations between the parties. The Commission found that the agreement met all necessary statutory criteria and did not contravene any legislative provisions. Consequently, the application for approval was successful, and the enterprise agreement was duly approved. This decision ensured that the terms and conditions of employment were legally sound and that the rights of both employees and employers were appropriately safeguarded.

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