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

[2013] FWCA 4089

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
(AG2013/6848)

TEAM ANTENNAS PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	BRISBANE, 24 JUNE 2013

Application for approval of the Team Antennas Pty Ltd and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Team Antennas 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 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] TheCEPU 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 1 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 matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the union applied for approval of the Team Antennas Pty Ltd and ETU Enterprise Agreement 2010-2014. The applicant union sought the court's approval for the enterprise agreement, which was entered into between the union and the respondent, Team Antennas Pty Ltd. The agreement outlined various terms and conditions of employment for the union's members working for the respondent company. The case was heard in the Fair Work Commission of Australia.

The central legal issue before the court was whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the court had to determine whether the agreement met the criteria for being a "low paid" agreement, which would exempt it from certain procedural requirements. The court also had to assess whether the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, leave entitlements, and dispute resolution mechanisms.

The court examined the provisions of the agreement and found that it met the criteria for being a "low paid" agreement, as it covered employees earning below the relevant threshold. The court also considered the overall fairness and reasonableness of the agreement, taking into account the parties' bargaining positions and the context in which the agreement was made. The court was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it met the requirements of the Fair Work Act.

The court approved the Team Antennas Pty Ltd and ETU Enterprise Agreement 2010-2014, finding it to be a valid and enforceable agreement. The agreement was registered with the Fair Work Commission, and its terms and conditions became binding on the parties from the date of registration. The court's decision provided clarity and certainty for the parties involved, and ensured that the agreement would be upheld in accordance with the provisions of the Fair Work Act.

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