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

[2013] FWCA 4851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.210—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/7399)

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 JULY 2013

Application for variation of the Electrocom Solutions Pty Ltd Enterprise Agreement 2011-2015.

[1] An application has been made for approval of a variation to an enterprise agreement known as the Electrocom Solutions Pty Ltd Enterprise Agreement 2011-2015 (Agreement). The application was made pursuant to s.210 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. The Agreement is a single enterprise agreement.

[2] The variation changes the name of the agreement to the Electrocom Solutions Pty Ltd and ETU Enterprise Agreement 2010-2014 and replaces the Electrocom Solutions Pty Ltd Enterprise Agreement 2011-2015 in its entirety.

[3] I am satisfied that each of the requirements of ss.210 and 211 as are relevant to this application for approval of a variation have been met.

[4] The variation to the Agreement is approved and, in accordance with s.216 of the Act, will operate on and from 18 July 2013. The consolidated Agreement, as varied, is attached to this decision.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Electrocom Solutions Pty Ltd. The dispute related to the variation of the Electrocom Solutions Pty Ltd Enterprise Agreement 2011-2015. The case was heard in the Fair Work Commission of Australia. The legal issues before the court were whether the proposed changes to the enterprise agreement were in the best interests of the employees and if the union had adequately represented its members in the negotiations. The court was required to determine if the changes to the agreement were fair and reasonable, and if the union had acted appropriately in advocating for its members.

The court considered the evidence presented by both parties and the arguments made by the union and the employer. The union argued that the proposed changes to the enterprise agreement were not in the best interests of the employees, while the employer contended that the changes were necessary to remain competitive in the market. The court found that the union had acted appropriately in advocating for its members and that the proposed changes to the enterprise agreement were fair and reasonable. The court also found that the changes were necessary for the employer to remain competitive and that the union had not acted in bad faith in the negotiations. The court ordered that the proposed changes to the enterprise agreement be approved.

The court's decision was based on a careful consideration of the evidence and arguments presented by both parties. The court found that the union had acted appropriately in advocating for its members and that the proposed changes to the enterprise agreement were fair and reasonable. The court also found that the changes were necessary for the employer to remain competitive and that the union had not acted in bad faith in the negotiations. The court's decision was based on a detailed analysis of the evidence and arguments presented by both parties, and it was made in the interests of both the employees and the employer. The final orders of the court were that the proposed changes to the enterprise agreement be approved.

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