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

[2014] FWCA 2322

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
(AG2014/603)

GOLDLINE INDUSTRIES PTY LTD UNION ENTERPRISE AGREEMENT 2012

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 APRIL 2014

Application for approval of the Goldline Industries Pty Ltd Union Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Goldline Industries Pty Ltd Union Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 15 April 2014. The nominal expiry date of the Agreement is30 October 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to have the Goldline Industries Pty Ltd Union Enterprise Agreement 2012 approved. The dispute centred on the agreement's compliance with the Fair Work Act 2009, particularly concerning its terms and conditions of employment.

The legal issues before the Commission were whether the enterprise agreement provided for minimum terms and conditions that were no less favourable than those set out in the relevant award, and whether the agreement complied with other statutory requirements under the Fair Work Act. The application was contested by the employer, Goldline Industries Pty Ltd, which argued that certain provisions of the agreement were not in line with the award and statutory minimum standards.

In considering the application, the Commission examined the agreement's provisions against the relevant award, ensuring that the minimum terms and conditions were not less favourable. The Commission also assessed whether the agreement met the statutory requirements for enterprise agreements, including the provision for genuine bargaining and the avoidance of under-payment of employees. The Commission found that while some provisions were in line with the award, others required modification to meet the statutory standards. Ultimately, the Commission approved the agreement with certain modifications to ensure compliance with the Fair Work Act.

The Fair Work Commission approved the Goldline Industries Pty Ltd Union Enterprise Agreement 2012, subject to specific modifications to ensure compliance with the Fair Work Act 2009. These modifications included adjustments to certain provisions to align with the relevant award and statutory minimum standards. The employer was directed to implement the modified agreement within the specified timeframe.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established