Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2014] FWCA 8294

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/9874)

ETU STAFF ENTERPRISE AGREEMENT 2014-2017

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 21 NOVEMBER 2014

Application for approval of the ETU Staff Enterprise Agreement 2014-2017.

[1] An application has been made for approval of an enterprise agreement known as the ETU Staff Enterprise Agreement 2014-2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Services Union Victorian Private Sector Branch has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54, will operate from 28 November 2014. The nominal expiry date is 30 November 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and several employers. The Union sought approval of the ETU Staff Enterprise Agreement 2014-2017, which was intended to govern the employment conditions of union staff within the specified industries. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issues addressed by the Commission were whether the agreement complied with the procedural and substantive requirements for approval. Procedurally, the Commission needed to verify that the Union had followed the correct process in negotiating the agreement, including whether the necessary majority of union members had voted in favour. Substantively, the Commission had to ensure that the agreement did not contain any provisions that were contrary to public policy or that unfairly disadvantaged employees.

The Fair Work Commission determined that the Union had followed the correct procedural steps in negotiating and voting on the agreement. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that unfairly disadvantaged employees. The Commission was satisfied that the agreement met all statutory requirements for approval. Consequently, the Fair Work Commission approved the ETU Staff Enterprise Agreement 2014-2017, which would now govern the employment conditions of union staff within the specified industries for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established