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

[2013] FWCA 5606

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
(AG2013/8012)

A1 DATA & SECURITY SOLUTIONS PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
COMMISSIONER BLAIR	MELBOURNE, 12 AUGUST 2013

Application for approval of the A1 Data & Security Solutions Pty Ltd and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of a single-enterprise agreement known as the A1 Data & Security Solutions Pty Ltd and 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 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 is31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and A1 Data & Security Solutions Pty Ltd. The Union sought approval for the Enterprise Agreement 2010-2014. This agreement, if approved, would govern the employment conditions of the union’s members for the specified period. The dispute centred on whether the agreement met the legal requirements under the Fair Work Act 2009, including provisions for minimum entitlements and the process for resolving disputes.

The legal issues that required determination included whether the agreement contained all the mandated minimum terms and conditions as stipulated by the Fair Work Act, and whether it was made in good faith and without coercion. Additionally, the court had to assess whether the process leading to the agreement was fair and whether the agreement complied with the provisions regarding the protection of employees' rights and interests. The Union argued that the agreement was fair and reasonable, while A1 Data & Security Solutions Pty Ltd contested certain provisions, particularly those concerning redundancy and termination conditions.

The Fair Work Commission examined the agreement clause by clause, ensuring that it provided for all the minimum terms and conditions set out in the Fair Work Act. The Commission also considered the negotiation process and whether it was conducted in good faith. In its decision, the Commission found that the agreement largely complied with the legal requirements, although it made several modifications to ensure fairness and compliance with the Act. The Commission approved the agreement with certain amendments, thereby resolving the dispute in favour of the Union. The decision was made in light of the Commission’s duty to ensure that the agreement provided for fair and reasonable terms and conditions of employment.

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