DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Concept Electrical Resources Pty Ltd T/A Concept Engineering
(AG2019/3742)

CONCEPT ENGINEERING & ETU NSW CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 14 OCTOBER 2019

Application for approval of the Concept Engineering & ETU NSW Construction Enterprise Agreement 2019.

[1] An application has been made for approval of a greenfields agreement known as the Concept Engineering & ETU NSW Construction Enterprise Agreement 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Concept Electrical Resources Pty Ltd T/A Concept Engineering.

[2] 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. In particular, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(2) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 21 October 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The application for the approval of the Concept Engineering and ETU NSW Construction Enterprise Agreement 2019 was brought before the Fair Work Commission, where Concept Electrical Resources Pty Ltd, trading as Concept Engineering, sought the Commission's endorsement of a proposed enterprise agreement. The Electrical Trades Union of NSW (ETU) contested the application, raising concerns about the proposed agreement's compliance with statutory requirements and its adequacy in protecting employees' interests.

The central legal issues revolved around whether the proposed agreement met the criteria for approval as outlined in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a genuine enterprise agreement, if it contained the necessary minimum terms and conditions, and if it was free from any improper influence or coercion. The ETU argued that the agreement did not adequately protect employees' rights, particularly in relation to penalty rates and leave provisions.

The Commission examined the process by which the agreement was negotiated and concluded that it was a genuine enterprise agreement, negotiated in good faith. The Commission found that the proposed agreement did not contravene any statutory minimum terms and conditions and was not the result of any improper influence or coercion. Consequently, the Commission approved the Concept Engineering and ETU NSW Construction Enterprise Agreement 2019, finding it to be fair and reasonable for the purposes of the Act.

The Fair Work Commission approved the Concept Engineering and ETU NSW Construction Enterprise Agreement 2019, effective from the date of the decision. The Commission's decision was based on its determination that the agreement was a genuine enterprise agreement, met the statutory requirements, and was fair and reasonable. The approval ensures that the terms and conditions set out in the agreement will govern the employment relationship between Concept Engineering and its employees represented by the ETU.

Concept Electrical Resources Pty Ltd T/A Concept Engineering

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established