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

[2014] FWCA 2611

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
(AG2014/3963)

SLH ELECTRICS PTY LTD AND ETU ENTERPRISE AGREEMENT 2010 - 2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 17 APRIL 2014

Application for approval of the SLH Electrics Pty Ltd and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the SLH Electrics 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 matter before the court involved an application for approval of an enterprise agreement between SLH Electrics Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union). The Union sought to have the proposed agreement approved under the Fair Work Act 2009, which allows for the resolution of workplace disputes through a streamlined process. The case was heard in the Fair Work Commission, the primary body responsible for regulating workplace relations in Australia.

The primary legal issue before the court was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. This included assessing whether the agreement had been negotiated in good faith, involved genuine bargaining, and provided fair terms and conditions for employees. The court also had to determine whether the agreement addressed all the matters specified in the Act and did not contain any terms that were contrary to public policy.

The court found that the proposed enterprise agreement met all the necessary criteria. It was determined that the agreement had been negotiated in good faith, with genuine bargaining taking place between the parties. The court was satisfied that the agreement provided fair terms and conditions for employees and addressed all the required matters under the Act. The court also found that there were no terms in the agreement that were contrary to public policy. Based on these findings, the court approved the proposed enterprise agreement.

As a result of the court's approval, the enterprise agreement between SLH Electrics Pty Ltd and the Union became legally binding, effective from the date of approval. The agreement outlined the terms and conditions of employment for the employees covered by the agreement, including wages, hours of work, leave entitlements, and other employment-related matters. The approval of the agreement provided certainty and stability for both the employer and the employees, and helped to ensure that the workplace relations were governed by a fair and balanced agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established