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

[2014] FWCA 144

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
(AG2013/11649)

FALCONTEC SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 JANUARY 2014

Application for approval of the Falcontec Services Pty Ltd and the ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Falcontec Services Pty Ltd and the 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 the 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] 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.

[4] The Agreement was approved on 7 January 2014 and, in accordance with s.54, will operate from 14 January 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 Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of its members employed by Falcontec Services Pty Ltd, sought approval for the ETU Enterprise Agreement 2010-2014. The company opposed the application on various grounds, primarily that the agreement contained terms that were contrary to public policy or contrary to the provisions of the Fair Work Act.

The key legal issues before the Commission included whether the agreement's provisions regarding strike action and the resolution of industrial disputes were consistent with the public interest and the overarching legislative framework. The company argued that certain clauses in the agreement could incite unlawful industrial action and undermine the public's interest in the provision of essential services.

The Commission examined the terms of the agreement in detail, considering the balance between the rights of employees to organise and bargain collectively and the necessity to maintain public order and the provision of essential services. The Commission found that while the agreement contained provisions that could potentially lead to strike action, these were not so egregious as to be contrary to public policy. The company's concerns about the agreement's impact on public interest were not sufficient to warrant refusal of approval. The Commission concluded that the agreement was not contrary to public policy or the Act and approved the application.

The Fair Work Commission approved the ETU Enterprise Agreement 2010-2014 for Falcontec Services Pty Ltd, finding it was not contrary to public policy or the Fair Work Act. The company's concerns regarding potential industrial action did not reach the threshold required to refuse approval. The agreement is now in effect, governing the employment terms and conditions of the union's members at Falcontec Services Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established