DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division
(AG2017/4574)

CEPU ELECTRICAL DIVISIONAL OFFICE ADMINISTRATION STAFF AGREEMENT 2017 - 2020

Clerical industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 JANUARY 2018

Application for approval of the CEPU Electrical Divisional Office Administration Staff Agreement 2017-2020.

[1] An application has been made for approval of an enterprise agreement known as the CEPU Electrical Divisional Office Administration Staff Agreement 2017-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Australian Municipal, Administrative, Clerical and Services Union 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 the organisation.

[6] The Agreement was approved on 15 January 2018 and, in accordance with s.54, will operate from 22 January 2018. The nominal expiry date of the Agreement is 1 July 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division and the Australian Building and Construction Commission. The union sought approval of an agreement between the union and certain employers regarding the terms and conditions of employment for the union's administrative staff. The dispute was heard in the Fair Work Commission. The legal issues before the Commission were whether the agreement was appropriate for approval under the Fair Work Act 2009, given the union's role in representing its members and the need for a fair and effective workplace agreement. The union argued that the agreement was necessary to ensure the smooth operation of its office and to protect the rights of its employees. The Commission examined the terms of the agreement, the context in which it was made, and the interests of the parties involved.

The Commission found that the agreement was appropriate for approval, as it provided for fair and effective workplace terms and conditions, and took into account the unique nature of the union's operations. The agreement provided for a fair and reasonable set of terms and conditions for the union's administrative staff, and was necessary to ensure the smooth operation of the union's office. The Commission also noted that the union had a legitimate interest in ensuring that its staff were able to perform their duties effectively, and that the agreement provided for a fair and reasonable balance between the union's interests and those of its employees. The Commission was satisfied that the agreement was in the best interests of all parties involved, and approved the agreement for registration. The union may now use the agreement as a basis for employment with the employers party to the agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established