DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Comtel Technologies Pty Ltd
(AG2015/7753)

COMTEL TECHNOLOGIES PTY LTD AND TECHNICAL EMPLOYEES ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER ROE	SYDNEY, 9 FEBRUARY 2016

Application for approval of the Comtel Technologies Pty Ltd and Technical Employees Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Comtel Technologies Pty Ltd and Technical Employees Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Comtel Technologies Pty Ltd. 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.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 9 February 2016 and, in accordance with s.54, will operate from 16 February 2016. The nominal expiry date of the Agreement is 4 February 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Comtel Technologies Pty Ltd applied to the Fair Work Commission for approval of the Comtel Technologies Pty Ltd and Technical Employees Enterprise Agreement 2015. The application was opposed by the Australian Manufacturing Workers’ Union, which raised several objections to the agreement. The primary issues before the Commission were whether the agreement met the procedural and substantive requirements for approval under the Fair Work Act 2009.

The Commission considered whether the agreement had been genuinely negotiated and whether it provided for fair and reasonable terms and conditions. The Commission examined the negotiation process, the nature of the agreement, and the terms of the agreement. It also considered the objections raised by the union, including concerns about the agreement’s impact on employees’ entitlements and the adequacy of the dispute resolution provisions.

The Commission found that the agreement had been genuinely negotiated and met the requirements for approval. It concluded that the agreement provided for fair and reasonable terms and conditions and that the union’s objections were not well-founded. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications included clarifying the scope of the agreement, improving the dispute resolution provisions, and ensuring that employees were not disadvantaged by the agreement.

The Commission’s decision provides important guidance for employers and unions on the requirements for approving enterprise agreements. It emphasises the importance of genuine negotiation and the need for agreements to provide for fair and reasonable terms and conditions. The decision also highlights the importance of clear and effective dispute resolution provisions in enterprise agreements.

Comtel Technologies Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established