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

[2013] FWCA 5603

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
(AG2013/8018)

BADTWM NOMINEES PROPRIETARY LIMITED T/A WM MCKNIGHT & SONS AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
COMMISSIONER BLAIR	MELBOURNE, 12 AUGUST 2013

Application for approval of the Badtwm Nominees Proprietary Limited T/A WM McKnight & Sons and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of a single-enterprise agreement known as the Badtwm Nominees Proprietary Limited T/A WM McKnight & Sons and ETU Enterprise Agreement 2010-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The application has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).

[2] 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] The CEPU, being the bargaining representative for the Agreement, has given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 August 2013. The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the court was presented with an application for approval of the Badtwm Nominees Proprietary Limited T/A WM McKnight & Sons and ETU Enterprise Agreement 2010-2014. The dispute arose between the union and the employer over the terms and conditions of employment outlined in the proposed agreement. The case was heard in the Fair Work Commission.

The central legal issues before the court involved whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the statutory requirements for approval. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, and if it adequately protected the rights and interests of the employees.

The Fair Work Commission, after thoroughly reviewing the provisions of the agreement and considering the submissions from both parties, found that the proposed enterprise agreement complied with the statutory requirements. The court determined that the agreement was fair and reasonable, providing appropriate protections for the employees while also meeting the needs of the employer. As such, the application for approval was granted.

The Fair Work Commission ordered that the Badtwm Nominees Proprietary Limited T/A WM McKnight & Sons and ETU Enterprise Agreement 2010-2014 be approved and registered, effective from the date of the decision. The union and employer were directed to take necessary steps to implement the agreement in accordance with the terms set out in the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established