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

[2014] FWCA 1059

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
(AG2013/12755)

TRICOM ENGINEERING GROUP PTY LTD UNION ENTERPRISE AGREEMENT

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 12 FEBRUARY 2014

Application for approval of the Tricom Engineering Group Pty Ltd Union Enterprise Agreement.

[1] An application has been made for approval of an enterprise agreement known asthe Tricom Engineering Group Pty Ltd Union Enterprise Agreement (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Communications, Electrical. Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 15 May 2015.

COMMISSIONER

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CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Tricom Engineering Group Pty Ltd Union Enterprise Agreement. The dispute arose from the disagreement between the union and the employer regarding the terms of the agreement. The case was heard in the Fair Work Commission. The central legal issues that the court had to address were whether the agreement met the statutory requirements under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment. The court had to consider whether the agreement was appropriately made, if it contained the minimum terms prescribed by the Act, and if it complied with the good faith bargaining requirements.

The court examined the process through which the agreement was reached, the content of the agreement, and the terms and conditions it proposed. The Fair Work Act stipulates that an enterprise agreement must be made in good faith and that the agreement must cover the minimum terms set out in the Act. The court also looked into whether the agreement was fair and reasonable, considering the economic and social context in which the agreement was made. The court assessed whether the agreement provided adequate protections for employees and if it balanced the interests of both the union and the employer.

After thorough consideration, the Fair Work Commission found that the agreement was appropriately made in good faith and contained all the minimum terms required by the Act. The commission was satisfied that the agreement was fair and reasonable, providing for adequate terms and conditions of employment. Consequently, the court approved the Tricom Engineering Group Pty Ltd Union Enterprise Agreement. The decision was made in accordance with the statutory framework provided by the Fair Work Act 2009, ensuring that the agreement met all necessary legal criteria. The approval of the agreement signifies that it will now govern the employment conditions of the relevant employees within the specified enterprise.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established