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

[2013] FWCA 7971

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
(AG2013/10656)

ADMINISTRATION STAFF EMPLOYED BY THE ELECTRICAL TRADES UNION OF EMPLOYEES QUEENSLAND ENTERPRISE AGREEMENT 2013

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 17 OCTOBER 2013

Application for approval of the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 is approved and, in accordance with s.54, will operate from 24 October 2013. The nominal expiry date is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") seeking approval for the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2013. The Applicant sought to have this agreement recognised as a low-paid industry award. The dispute arose from the process and criteria used in approving the agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the application was made within the prescribed time, whether the agreement met the criteria for low-paid industry award status, and whether the process for approval was conducted fairly and in accordance with the relevant legislation. Specifically, the Commission had to consider the definition of "low-paid industry" and whether the agreement's provisions aligned with the criteria for such status, including the consideration of the agreement's impact on employees' wages and working conditions.

In delivering its decision, the Commission found that the application was indeed made within the prescribed time and that the agreement met the criteria for a low-paid industry award. The Commission was satisfied that the process for approval was conducted fairly and in accordance with the Act. The Commission noted that the agreement provided for minimum rates of pay and conditions that were deemed adequate for the employees covered by the agreement. The Commission concluded that the agreement was suitable for registration as a low-paid industry award, as it provided a fair and reasonable framework for the employment of administrative staff within the relevant industry.

The Fair Work Commission approved the application and registered the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2013 as a low-paid industry award. This decision ensures that the employees covered by the agreement will continue to receive the protections and benefits provided under the award, while also providing certainty and stability for employers within the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established