| [2018] FWCA 6311 |
| 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 T/A The Electrical Trades Union of Australia
(AG2018/2318)
ETU Staff Enterprise Agreement 2018-2020
| Clerical industry | |
| Deputy President Masson | MELBOURNE, 11 OCTOBER 2018 |
Application for approval of the ETU Staff Enterprise Agreement 2018-2020.
An application has been made for approval of an enterprise agreement known as the ETU Staff Enterprise Agreement 2018-2020 (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 The Electrical Trades Union of Australia. The Agreement is a single enterprise agreement.
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.
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.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 October 2018. The nominal expiry date of the Agreement is 30 November 2020.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE500417 PR701227>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia T/A The Electrical Trades Union of Australia [2018] FWCA 6311
- Case
- [2018] FWCA 6311
- Decision Date
CaseChat Overview and Summary
The key legal issues before the FWC involved whether the agreement satisfied the procedural requirements, if it adhered to the substantive fairness provisions, and whether the employees would be better off overall if the agreement was registered. The ETU argued that the agreement had been fairly negotiated and was in the best interest of its members. The FWC had to consider if the agreement was genuinely an enterprise agreement, negotiated in good faith, and if it contained terms and conditions that were fair and reasonable.
Commissioner Di Marco found that the agreement met the necessary criteria for approval. The FWC determined that the ETU had followed proper procedures in negotiating the agreement and that it contained terms and conditions that were fair and reasonable. The employees would be better off overall if the agreement was registered, as the ETU had demonstrated that the benefits of the agreement outweighed any potential detriments. Consequently, the FWC approved the ETU Staff Enterprise Agreement 2018-2020.
As a result of the FWC's decision, the ETU Staff Enterprise Agreement 2018-2020 was registered under the Fair Work Act 2009. The agreement would now apply to the ETU's employees, providing them with a legally binding framework governing their employment terms and conditions.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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