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

[2013] FWCA 3113

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
(AG2013/6153)

GARNET ELECTRICAL SERVICES PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 16 MAY 2013

Application for approval of the Garnet 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 Garnet 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. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 23 May 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 this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Garnet Electrical Services Pty. Ltd. and ETU Enterprise Agreement 2010-2014. The dispute arose as the applicant union sought to have the agreement approved under the Fair Work Act 2009, as a registered organisation agreement. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the requirements of section 172 of the Act, which necessitates that the agreement be in writing, specify the terms of employment, and provide for the resolution of any disputes. Further, the Commission considered whether the agreement contained appropriate mechanisms for addressing employee concerns and whether it adhered to the principles of procedural fairness.

The Commission found that the agreement was comprehensive, clearly detailing the terms of employment and dispute resolution mechanisms. It was also noted that the agreement had been negotiated in good faith, with both parties demonstrating a commitment to reaching a consensus. The Commission concluded that the agreement satisfied all legislative requirements and was thus approved under the Act. The decision was made in accordance with the principles of procedural fairness, ensuring that all parties had an opportunity to present their views.

As a result of the decision, the Fair Work Commission approved the Garnet Electrical Services Pty. Ltd. and ETU Enterprise Agreement 2010-2014. The agreement now stands as a legally binding document, governing the terms and conditions of employment for the relevant employees. This approval will provide certainty and stability for both the union and the employer, facilitating a harmonious working environment.

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