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

[2014] FWCA 968

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
(AG2014/3437)

MAKO SECURITY PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 7 FEBRUARY 2014

Application for approval of the Mako Security Pty Ltd and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Mako Security Pty Ltd and 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 Mako Security 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] TheCEPU, 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 February 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 applicant, 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 Mako Security Pty Ltd and ETU Enterprise Agreement 2010-2014 (the Agreement). The applicant argued that the Agreement met the requirements of the Fair Work Act 2009 and should be approved. The Union sought to have the Agreement approved under section 233 of the Act. The Union claimed that the Agreement contained appropriate mechanisms for the resolution of future workplace disputes, including a provision for the direct engagement of the Commission to resolve an impasse in a pay claim.

The main issue before the Commission was whether the Agreement contained appropriate mechanisms for the resolution of future workplace disputes, specifically if the provision for the direct engagement of the Commission to resolve a pay claim impasse was adequate. The Union argued that the provision was appropriate and met the requirements of the Act, while no other party opposed the approval of the Agreement. The Commission considered the arguments and relevant provisions of the Act, including the criteria for assessing dispute resolution mechanisms.

The Commission found that the provision for direct engagement of the Commission to resolve a pay claim impasse was appropriate and met the requirements of the Act. The Commission noted that the provision provided a clear and accessible mechanism for resolving pay-related disputes and that it was consistent with the principles of the Act. The Commission also found that the Agreement contained other appropriate mechanisms for the resolution of workplace disputes, including provisions for conciliation and mediation. The Commission approved the Agreement under section 233 of the Act.

The Fair Work Commission approved the Mako Security Pty Ltd and ETU Enterprise Agreement 2010-2014, finding that it contained appropriate mechanisms for the resolution of future workplace disputes. The Commission certified the Agreement under section 234 of the Fair Work Act 2009, effective from 1 July 2010. The Agreement will apply to employees of Mako Security Pty Ltd who are members of the Union. The Union may now take the certified Agreement to the relevant industrial tribunal for registration as an approved agreement under section 186 of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established