DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cottees Electrical Services T/A ABF Communications
(AG2014/7882)

ABF COMMUNICATIONS ENTERPRISE AGREEMENT 2014-2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 DECEMBER 2014

Application for approval of the ABF Communications Enterprise Agreement 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the ABF Communications Enterprise Agreement 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cottees Electrical Services T/A ABF Communications. 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.

[4] The Agreement was approved on 5 December 2014 and, in accordance with s.54, will operate from 12 December 2014. The nominal expiry date of the Agreement is 4 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the Fair Work Commission involved Cottees Electrical Services trading as ABF Communications and its employees. The dispute centred around the approval of the ABF Communications Enterprise Agreement 2014-2018. The employees, represented by the Electrical Trades Union of Australia, sought approval of the agreement which detailed terms and conditions of employment. The employer, on the other hand, raised concerns regarding certain provisions within the agreement.

The legal issues before the Commission were primarily concerned with whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the employer questioned whether certain provisions within the agreement unfairly disadvantaged the employer, whether the agreement complied with the 'better off overall test', and whether the agreement had been genuinely negotiated between the parties. The employees argued that the agreement was fair, had been genuinely negotiated, and met all the necessary criteria for approval.

The Commission found that the agreement had been genuinely negotiated and met the majority of the criteria for approval. However, the Commission did find that certain provisions within the agreement unfairly disadvantaged the employer. Despite this, the Commission was satisfied that the agreement was still better off overall for the employees and approved the agreement on the basis that the employer and employees would negotiate to amend the unfair provisions within six months of the approval. If no amendments were agreed upon within this time frame, the employer was required to give six weeks’ written notice to the employees of its intention to seek a review of the agreement by the Commission.

The Commission's final order was that the ABF Communications Enterprise Agreement 2014-2018 be approved with the condition that the employer and employees negotiate to amend the unfair provisions within six months of the approval. If no amendments were agreed upon within this time frame, the employer was required to give six weeks’ written notice to the employees of its intention to seek a review of the agreement by the Commission.

Cottees Electrical Services T/A ABF Communications

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established