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

[2014] FWCA 2367

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
(AG2014/3591)

FOCUS DIGITAL PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 9 APRIL 2014

Application for approval of the Focus Digital Pty Ltd and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Focus Digital 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] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 9 April 2014 and, in accordance with s.54, will operate from 16 April 2014. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") applied to the Fair Work Commission for approval of the Focus Digital Pty Ltd and ETU Enterprise Agreement 2010-2014 (the "Agreement"). The primary dispute centred on the validity and enforceability of the Agreement, which had been entered into between the Union and Focus Digital Pty Ltd (the "Employer"). The matter was heard by the Fair Work Commission.

The key legal issues before the Commission were whether the Agreement had been made in good faith and for the purpose of creating a fair and efficient workplace, and whether the Agreement was consistent with the Fair Work Act 2009. The Union argued that the Agreement was a genuine enterprise agreement, negotiated in good faith, and contained provisions that were fair and reasonable. The Employer, on the other hand, contended that the Agreement had not been made in good faith and that certain provisions were inconsistent with the Fair Work Act.

The Commission considered the evidence and submissions from both parties, along with relevant legal principles and precedents. After careful deliberation, the Commission found that the Agreement had been made in good faith and for the purpose of creating a fair and efficient workplace. The provisions of the Agreement were consistent with the Fair Work Act, and no issues of unfair dismissal or adverse action arose. As a result, the Commission approved the Agreement, finding it to be a genuine enterprise agreement.

The Fair Work Commission approved the Focus Digital Pty Ltd and ETU Enterprise Agreement 2010-2014, determining that it was a genuine enterprise agreement made in good faith and consistent with the Fair Work Act. The Agreement was therefore approved and enforceable between the Union and the Employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established