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

[2014] FWCA 1608

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
(AG2013/11412)

HASSETT ELECTRICS PTY LTD & ETU ENTERPRISE AGREEMENT 2010 - 2014

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 MARCH 2014

Application for approval of the Hassett Electrics Pty Ltd & ETU Enterprise Agreement 2010 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Hassett Electrics Pty Ltd & ETU Enterprise Agreement 2010 - 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theCommunications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The Agreement is a single-enterprise agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Hassett Electrics Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The CEPU, 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) of the Act I note that the Agreement covers this organisation.

[5]
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 March 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

In the case of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the applicant sought approval of the Hassett Electrics Pty Ltd & ETU Enterprise Agreement 2010-2014. The dispute was brought before the Fair Work Commission, which is the federal workplace relations tribunal of Australia. The applicant, the union, sought to have the enterprise agreement, which set out the terms and conditions of employment for its members working for Hassett Electrics Pty Ltd, approved under the Fair Work Act 2009.

The legal issues that the Fair Work Commission was required to decide related to whether the agreement met the requirements for approval under the Fair Work Act, specifically whether it provided for the terms and conditions of employment of the relevant employees in a manner that was fair and appropriate. This included examining whether the agreement complied with the provisions of the Fair Work Act that require, among other things, that it provide for a minimum rate of pay and reasonable hours of work, and that it did not discriminate against any particular group of employees. The Commission also needed to determine if the agreement had been genuinely negotiated between the union and the employer.

The Fair Work Commission found that the agreement met the requirements for approval under the Fair Work Act. The Commission noted that the agreement provided for minimum rates of pay and reasonable hours of work, and that it did not discriminate against any particular group of employees. The Commission also found that the agreement had been genuinely negotiated between the union and the employer, as evidenced by the extensive consultation and bargaining process that had taken place. The Commission was satisfied that the agreement was in the best interests of the employees and that it provided for their fair and appropriate terms and conditions of employment.

As a result, the Fair Work Commission approved the Hassett Electrics Pty Ltd & ETU Enterprise Agreement 2010-2014 under section 173 of the Fair Work Act. The agreement is now legally binding on both the union and the employer, and sets out the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established