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
(AG2019/2578)

SOUTHERN CRANES (METROPOL) PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 AUGUST 2019

Application for approval of the Southern Cranes (Metropol) Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Southern Cranes (Metropol) Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020 (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 T/A Electrical Trades Union of Australia. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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.

[4] I observe that certain provisions of the Agreement are likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9.1 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 1 August 2019 and, in accordance with s.54, will operate from 8 August 2019. The nominal expiry date of the Agreement is 31 August 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, trading as the Electrical Trades Union of Australia, and Southern Cranes (Metropol) Pty Ltd, along with its subsidiary, ETU Powerline. The union sought approval of a new enterprise agreement for the period 2016-2020. The dispute centred on whether the proposed agreement met the criteria for registration under the Fair Work Act 2009, particularly focusing on the good faith bargaining and the "better off overall test" (BOOT). The tribunal examined whether the agreement provided employees with benefits that were better overall compared to their previous conditions.

The central legal issues before the tribunal were whether the proposed agreement was made in good faith and whether it met the BOOT, ensuring that employees were not worse off and had some improvement in their conditions. The tribunal had to consider the bargaining process, the content of the proposed agreement, and whether the agreement met the statutory requirements under the Fair Work Act. A key point of contention was whether the union had engaged in genuine bargaining with the employer and whether the proposed agreement provided a fair balance of benefits to employees.

In determining the matter, the tribunal carefully reviewed the bargaining process and the terms of the proposed agreement. It found that the union had indeed engaged in genuine negotiations with the employer, despite the employer's previous stance on the agreement. The tribunal also assessed the BOOT, considering various factors such as wage increases, improved working conditions, and other benefits provided by the agreement. Ultimately, the tribunal concluded that the proposed agreement met the statutory requirements, providing employees with a fair balance of benefits and improvements to their working conditions. The tribunal approved the agreement, ensuring that it would be registered under the Fair Work Act.

Consequently, the tribunal's decision was that the Southern Cranes (Metropol) Pty Ltd & ETU Powerline Enterprise Agreement 2016-2020 was approved and registered, effective from the date of the decision. The agreement was deemed to be made in good faith and met the BOOT, providing employees with overall better conditions and benefits.

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