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 - Victorian Divisional Branch
(AG2021/4532)

OPTIC SECURITY GROUP VIC AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 APRIL 2021

Application for approval of the Optic Security Group VIC and ETU Greenfields Agreement 2018-2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - Victorian Divisional Branch (CEPU) has made an application for approval of an enterprise agreement known as the Optic Security Group VIC and ETU Greenfields Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement which meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. Furthermore, I am satisfied that it is in the public interest to approve the Agreement.

[3] The employer has provided written undertakings, a copy of which is attached in Annexure A of this decision. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[4] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[5] The Agreement was approved on 14 April 2021 and, in accordance with s 54, will operate from 21 April 2021. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division – Victorian Divisional Branch lodged an application for the approval of the Optic Security Group VIC and ETU Greenfields Agreement 2018-2021. The union argued that the agreement, which had been negotiated with the employer, should be registered as a registered agreement under the Fair Work Act 2009. The employer, Optic Security Group, did not oppose the application but expressed concerns about certain provisions of the agreement, particularly those relating to employee entitlements and conditions.

The primary legal issue for the commission was whether the agreement met the requirements for approval as a registered agreement. This involved examining whether the agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. The commission needed to determine if the agreement had been made in good faith and if it contained the necessary terms and conditions that were fair and reasonable for the employees covered by the agreement.

The commission found that the agreement was made in good faith and that it contained all the required terms and conditions. The commission addressed the employer's concerns by making minor amendments to certain provisions to ensure they were fair and reasonable. The commission considered the overall balance of the agreement and the interests of the employees, concluding that it met the necessary criteria for approval. Therefore, the commission approved the Optic Security Group VIC and ETU Greenfields Agreement 2018-2021 as a registered agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established