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

[2013] FWCA 4235

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
(AG2013/6126)

ENS ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 JUNE 2013

Application for approval of the ENS Electrical Services Pty Ltd and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the ENS Electrical Services Pty Ltd and ETU Enterprise 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 (CEPU). The Agreement is a single-enterprise agreement.

[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 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) of the Act I note that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 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

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the ENS Electrical Services Pty Ltd and ETU Enterprise Agreement 2010-2014. The dispute centred on the terms of the enterprise agreement and whether it met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the interests of the employees it covered.

The legal issues the Commission considered included whether the agreement met the "better off overall test" (BOOT) and whether it contained all the prescribed terms as required by the Fair Work Act. The BOOT requires that an enterprise agreement must not reduce the overall pay and conditions of employees. The Commission also examined whether the agreement included all the prescribed minimum terms, such as provisions on termination, redundancy, and dispute resolution. Furthermore, the Commission assessed whether the agreement was made in good faith and whether it complied with the procedural requirements for approval.

The Fair Work Commission found that the ENS Electrical Services Pty Ltd and ETU Enterprise Agreement 2010-2014 met the statutory requirements for approval. The Commission concluded that the agreement did not reduce the overall pay and conditions of employees, thus satisfying the BOOT. It also found that the agreement contained all the prescribed minimum terms and was made in good faith. The procedural requirements for approval were also met, as the union had followed the necessary processes to seek employee views on the agreement. Consequently, the Commission approved the enterprise agreement.

The Fair Work Commission ordered that the ENS Electrical Services Pty Ltd and ETU Enterprise Agreement 2010-2014 be approved and registered. This decision ensured that the terms of the agreement would govern the employment conditions of the employees covered by the agreement for the specified period.

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