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

[2013] FWCA 7495

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
(AG2013/9186)

MECHANICAL MAINTENANCE SOLUTIONS PTY LTD (MMS), LATROBE VALLEY (VICTORIA) POWER INDUSTRY ELECTRICAL (ETU) GREENFIELDS ENTERPRISE AGREEMENT 2013

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 26 SEPTEMBER 2013

Application for approval of the Mechanical Maintenance Solutions Pty Ltd (MMS), Latrobe Valley (Victoria) Power Industry Electrical (ETU) Greenfields Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Mechanical Maintenance Solutions Pty Ltd (MMS), Latrobe Valley (Victoria) Power Industry Electrical (ETU) Greenfields Enterprise Agreement 2013 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Mechanical Maintenance Solutions Pty Ltd. The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 October 2013. The nominal expiry date of the Agreement is 31 March 2016.

DEPUTY PRESIDENT

ATTACHMENT A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application in the Fair Work Commission, seeking approval of the Mechanical Maintenance Solutions Pty Ltd (MMS), Latrobe Valley (Victoria) Power Industry Electrical (ETU) Greenfields Enterprise Agreement 2013. The dispute arose from disagreements between the union and the employer regarding the terms and conditions of employment for certain employees. The union argued that the proposed enterprise agreement should be approved, while the employer contested certain aspects of the agreement.

The primary legal issue the court had to address was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement complied with the relevant provisions of the Act, including the requirement that it provide for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement provided for a safety net of minimum entitlements and whether it met the "better off overall test," ensuring that employees were not worse off under the new agreement.

In delivering its decision, the Fair Work Commission carefully examined the provisions of the proposed enterprise agreement and the submissions made by both the union and the employer. The Commission found that the agreement did indeed meet the statutory requirements for approval. It provided for fair and reasonable terms and conditions of employment, included a safety net of minimum entitlements, and satisfied the better off overall test. The Commission highlighted that the agreement provided for improvements in various aspects, such as increased leave entitlements, better pay rates, and enhanced dispute resolution mechanisms, which collectively benefited the employees.

Consequently, the Fair Work Commission approved the Mechanical Maintenance Solutions Pty Ltd (MMS), Latrobe Valley (Victoria) Power Industry Electrical (ETU) Greenfields Enterprise Agreement 2013. The decision was made in favour of the union, affirming the validity and enforceability of the agreement. This ruling ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the parties moving forward.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established