DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia T/A Electrical Trades Union of Australia
(AG2019/1286)

TOP FIRE PROTECTION PTY. LTD. AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 6 MAY 2019

Application for approval of the Top Fire Protection Pty. Ltd. And ETU Enterprise Agreement 2018-2021.

[1] An application has been made for approval of an enterprise agreement known as the Top Fire Protection Pty. Ltd. And ETU Enterprise Agreement 2018-2021 (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 T/A Electrical Trades Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer 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.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 May 2019. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Electrical Trades Union of Australia, acting as the representative for a number of employees, applied for the approval of the Top Fire Protection Pty. Ltd. and ETU Enterprise Agreement 2018-2021. The application was heard in the Fair Work Commission, with Deputy President Ryan presiding. The dispute centred around whether the proposed enterprise agreement met the legal criteria for approval, particularly regarding the provisions on employee entitlements and the process for resolving disputes.

The legal issues that the court had to address involved verifying whether the agreement complied with the relevant sections of the Fair Work Act 2009. Specifically, the court needed to ensure that the agreement did not prejudice the right of employees to be represented by a union of their choice and that it did not adversely affect the right to be free from discrimination on the basis of sex, marital status, pregnancy, or potential pregnancy. Additionally, the court examined if the agreement contained provisions that were contrary to the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. The court also had to determine whether the agreement was made in good faith and if it adhered to the process outlined in the Fair Work Act.

After a thorough examination of the evidence and the arguments presented, the court concluded that the proposed agreement met all the legal requirements for approval. The Deputy President found that the agreement did not adversely affect the right to be free from discrimination or prejudice the right to be represented by a union of choice. The court also determined that the agreement was made in good faith and followed the necessary process. Consequently, the Deputy President approved the application, and the agreement was registered.

The court's final order was that the Top Fire Protection Pty. Ltd. and ETU Enterprise Agreement 2018-2021 be approved and registered under the Fair Work Act 2009. This decision provided certainty for the employees and the employer, as well as the union, and ensured that the terms of the agreement would be legally binding and enforceable.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia T/A Electrical Trades Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established