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

[2013] FWCA 6221

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
(AG2013/7845)

O&M PTY LTD AND ETU GREENFIELDS AGREEMENT 2010 - 2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 AUGUST 2013

Application for approval of the O&M Pty Ltd and ETU Greenfields Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the O&M Pty Ltd and ETU Greenfields Agreement 2010-2014 (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 Electrical & Pumping Services Australia Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2013. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to the Fair Work Commission for approval of the O&M Pty Ltd and ETU Greenfields Agreement 2010-2014. The employer, O&M Pty Ltd, and the employees, represented by the union, sought to have their enterprise agreement approved by the Commission. The agreement was the outcome of negotiations between the union and the employer, and it outlined the terms and conditions of employment for the employees covered by the agreement.

The legal issues before the Fair Work Commission were whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was free from any unlawful content. The Commission had to consider whether the agreement was in the best interests of the employees and whether it complied with the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement met the requirements of the Fair Work Act. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, penalty rates, and leave entitlements. The Commission also found that the agreement was free from any unlawful content and was in the best interests of the employees. The Commission approved the agreement and it became legally binding on the employer and employees.

The Fair Work Commission approved the O&M Pty Ltd and ETU Greenfields Agreement 2010-2014. The agreement was found to be fair and reasonable and was in the best interests of the employees. The Commission noted that the agreement provided for minimum wages, penalty rates, and leave entitlements, and was free from any unlawful content. The agreement became legally binding on the employer and employees, and provided a framework for the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established