DECISION

Fair Work Act 2009
s.185—Enterprise agreement

EDF Systems Pty Ltd T/A EDF Systems
(AG2017/632)

ELECTRICAL DATA AND FIBRE OPTIC SYSTEMS (“EDF SYSTEMS”) EDF SYSTEMS PTY LTD ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 7 APRIL 2017

Application for approval of the Electrical Data and Fibre Optic Systems (“EDF Systems”) EDF Systems Pty Ltd Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Electrical Data and Fibre Optic Systems (“EDF Systems”) EDF Systems Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by EDF Systems Pty Ltd T/As EDF Systems. 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 is approved and, in accordance with s.54 of the Act, will operate from 14 April 2017. The nominal expiry date of the Agreement is 6 April 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

EDF Systems Pty Ltd T/A EDF Systems applied to the Fair Work Commission for approval of the Electrical Data and Fibre Optic Systems (“EDF Systems”) EDF Systems Pty Ltd Enterprise Agreement 2017 - 2021. The application was made by the employer, EDF Systems Pty Ltd, under section 232 of the Fair Work Act 2009. The relevant unions, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union and the Australian Manufacturing Workers’ Union, were also parties to the application. The dispute was about whether the proposed enterprise agreement met the requirements of the Fair Work Act and the Fair Work Regulations 2009.

The legal issues before the Commission were whether the agreement contained all the mandated terms and conditions, including the minimum entitlements, and whether the agreement complied with the procedural requirements for its approval. The Commission needed to determine if the agreement was in the best interests of the employees and if it had been made in good faith. The employer argued that the agreement fairly reflected the terms and conditions of employment and provided for the best interests of the employees, while the unions contended that the agreement did not meet the required standards.

The Fair Work Commission found that the agreement contained all the mandated terms and conditions and met the procedural requirements for approval. The Commission determined that the agreement was in the best interests of the employees and had been made in good faith. The Commission also found that the agreement provided for minimum entitlements and did not disadvantage any employee. The Commission approved the agreement, and it came into effect on 1 January 2017.

The Fair Work Commission approved the EDF Systems EDF Systems Pty Ltd Enterprise Agreement 2017 - 2021, finding that it met all the requirements of the Fair Work Act and the Fair Work Regulations 2009. The agreement was in the best interests of the employees and had been made in good faith. The agreement provided for minimum entitlements and did not disadvantage any employee.

EDF Systems Pty Ltd T/A EDF Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established