DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/2550)

S & M ESCALATOR SERVICES PTY LTD / ETU / AMWU / CONSTRUCTION & SERVICE EMPLOYEES 2014-2018 ENTERPRISE AGREEMENT

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

Application for approval of the S & M Escalator Services Pty Ltd / ETU / AMWU Construction & Service Employees 2014-2018 Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known as the S & M Escalator Services Pty Ltd / ETU / AMWU Construction & Service Employees 2014-2018 Enterprise Agreement (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] S & M Escalator Services Pty Ltd 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.

[5] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and The Australian Manufacturing Workers Union, 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.

[6] 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 31 August 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the S & M Escalator Services Pty Ltd / ETU / AMWU Construction & Service Employees 2014-2018 Enterprise Agreement. The parties to the dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Electrical Trades Union of Australia, the Australian Manufacturing Workers' Union, and S & M Escalator Services Pty Ltd. The application was heard by the Fair Work Commission, the designated body for handling such matters under the Fair Work Act 2009.

The primary legal issues the court had to address included whether the enterprise agreement complied with the statutory requirements set out in the Fair Work Act 2009. This involved scrutinising the agreement for any breaches of minimum entitlements, ensuring the agreement was made in good faith, and verifying that the agreement contained necessary provisions such as minimum rates of pay and maximum weekly hours. Additionally, the court needed to assess whether the agreement had been appropriately certified by the Australian Bureau of Statistics and whether it provided for proper dispute resolution mechanisms.

The court found that the enterprise agreement in question was compliant with the statutory requirements under the Fair Work Act 2009. The agreement was certified as having been made in good faith, contained all necessary provisions for minimum entitlements, and included appropriate dispute resolution mechanisms. The court was satisfied that the agreement met all legal standards for approval and did not contravene any provisions of the Act. As a result, the court approved the enterprise agreement.

The court's final order was the approval of the S & M Escalator Services Pty Ltd / ETU / AMWU Construction & Service Employees 2014-2018 Enterprise Agreement, effective from the date of the decision. This decision allowed the terms and conditions outlined in the agreement to be legally binding on the parties involved, subject to the provisions of 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