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

[2014] FWCA 2610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/3959)

TJB ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2010 - 2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 APRIL 2014

Application for approval of the TJB Electrical Services Pty Ltd and ETU Enterprise Agreement 2010 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the TJB Electrical Services Pty Ltd and ETU Enterprise Agreement 2010 - 2014 (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] The Applicant 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, 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.

[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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 17 April 2014 and, in accordance with s.54, will operate from 24 April 2014. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involves an application for the approval of the TJB Electrical Services Pty Ltd and ETU Enterprise Agreement 2010-2014. The application was brought before the Fair Work Commission, which was required to consider whether the agreement met the criteria for approval under the Fair Work Act 2009. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and the respondent was TJB Electrical Services Pty Ltd. The dispute centred on the terms and conditions of employment set out in the proposed enterprise agreement.

The key legal issue the Fair Work Commission had to address was whether the agreement provided for the proper operation of the enterprise and fair and efficient industrial relations. The Commission was required to consider whether the agreement contained any terms that were unfair or did not comply with the provisions of the Fair Work Act. The Commission also had to consider whether the agreement provided for a fair and efficient resolution of workplace disputes.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and the relevant provisions of the Fair Work Act. The Commission found that the agreement provided for the proper operation of the enterprise and contained provisions that were fair and efficient. The Commission also found that the agreement did not contain any terms that were unfair or in breach of the Fair Work Act. The Commission approved the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission's decision to approve the enterprise agreement was based on its finding that the agreement provided for the proper operation of the enterprise and contained provisions that were fair and efficient. The Commission also found that the agreement did not contain any terms that were unfair or in breach of the Fair Work Act. The final orders of the Commission included the approval of the enterprise agreement, subject to certain modifications to ensure compliance with the Fair Work Act. The modifications included the removal of certain provisions that were found to be in breach of the Fair Work Act, as well as the addition of certain provisions to ensure compliance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established