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

[2013] FWCA 4782

[2013] FWCA 4782

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/1382)

PROSYS SERVICES PTY LTD UNION ENTERPRISE AGREEMENT 2013

Electrical contracting industry
COMMISSIONER BULL	SYDNEY, 17 JULY 2013

Application for approval of the Prosys Services Pty Ltd Union Enterprise Agreement 2013.

[1] An application has been made for approval of an enterprise agreement known as the Prosys Services Pty Ltd Union Enterprise Agreement 2013 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Commission wrote to the Employer and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement with respect to the casual loading for casual employees. I note that the Agreement provides for a 20% casual loading for casual employees while the applicable award the Electrical, Electronic and Communications Contracting Award 2010 (the Modern Award) provides for 25%. I am satisfied from the response of the Employer that the actual rates of pay for casual employees exceed the rates of pay in the Modern Award, resulting in casual employees being better off overall.

[3] The Award at clause 17 - Allowances provides for a special allowance, compensation for loss of tools, and electrician’s licence allowance that do not appear to be provided for in the Agreement.

[4] The Employer has confirmed that the special allowance is known as the ‘All Purpose Allowance’ under the Agreement and forms part of the employee’s ordinary all-purpose rates of pay found at Schedule B of the Agreement.

[5] With respect to the compensation for loss of tools, upon advice from the Employer, I am satisfied that the higher hourly rates of pay in the Agreement vis a vis the Modern Award compensates for the non payment of a tool allowance.

[6] With respect to the electrician’s licence, the Employer has confirmed that the work undertaken by the Company does not require employees to be licensed electricians and as such an electrician’s licence allowance is not provided for in the Agreement.

[7] In its correspondence to the Employer and the CEPU, the Commission outlined that under the Agreement at Schedule C - Allowances, employees are entitled to a meal allowance of $9.90. However, the Modern Award at clause 17.3(a)(i) provides for a meal allowance of $13.55. The Employer has provided an undertaking that the Company will pay the higher allowance as per the Award to its employees.

[8] This undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached at Annexure A.

[9] I have sought the views of the CEPU, being a bargaining representative in respect of the undertaking, pursuant to s.190(4) of the Act. The CEPU have not advised of any concerns with the undertaking provided.

[10] The Agreement covers all of the employer’s construction, service and maintenance employees. I am satisfied that pursuant to s.186(3A) of the Act, this group is fairly chosen as being operationally or organisationally distinct.

[11] I am satisfied that each of the requirements of ss.187 and 188 of the Act as are relevant to the application for approval have been met.

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

[13] The Agreement is approved. In accordance with s.54(1) the Agreement will operate from 24 July 2013. The nominal expiry date of the Agreement is 15 May 2016.

COMMISSIONER

Annexure A

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