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

[2013] FWCA 4815

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
(AG2013/7206)

QUORUM SECURITY SYSTEMS PTY LTD AND ETU GREENFIELDS AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 18 JULY 2013

Application for approval of the Quorum Security Systems Pty Ltd and ETU Greenfields Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Quorum Security Systems 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 and Quorum Security Systems 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 25 July 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Quorum Security Systems Pty Ltd and ETU Greenfields Agreement 2010-2014. The applicant union argued that the agreement contained provisions that were beneficial to the employees, including wage increases and improved working conditions. The applicant contended that the agreement should be approved as it provided for a fair and reasonable outcome for the employees.

The legal issues before the court were whether the agreement contained provisions that were contrary to the public interest or that failed to provide for the fair and reasonable outcome for the employees. The court was required to consider the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009 in determining whether the agreement should be approved.

The court found that the agreement contained provisions that were contrary to the public interest as they provided for a lower rate of pay for new employees than existing employees. The court also found that the agreement failed to provide for a fair and reasonable outcome for the employees as it did not provide for adequate protection against unfair dismissal. As a result, the court refused to approve the agreement. The court emphasised the importance of ensuring that all employees are treated fairly and equally, and that any agreement must provide for a reasonable outcome for all parties.

The court's final orders were that the agreement be refused approval. The court also ordered that the agreement be returned to the parties for further negotiation and amendment. The court emphasised the importance of ensuring that any future agreement provides for a fair and reasonable outcome for all employees, and that it does not contain any provisions that are contrary to the public interest.

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