DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electel Resources Pty Ltd
(AG2019/2723)

ELECTEL RESOURCES PTY LTD ENTERPRISE AGREEMENT 2018

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 23 AUGUST 2019

Application for approval of the Electel Resources Pty Ltd Enterprise Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Electel Resources Pty Ltd Enterprise Agreement 2018 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Electel Resources Pty Ltd. The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 August 2019.

[3] On 21 August 2019, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters including the provision of an undertaking.

[4] The Applicant has submitted an undertaking in the required form dated 21 August 2019. The undertaking deals with the following topics:

• The Applicant has inserted a National Employment Standards (NES) precedence clause.

• The reference in clause 31.7 of the Agreement to “Tradesperson Level 1” will be replaced with “Electrical worker Grade 5” as described in clause 8.5 of the Agreement.

[5] A copy of the undertaking has been provided to the bargaining representatives and I have sought their views in accordance with s.190(4) of the Act. The bargaining representatives did not express any view on the undertaking.

[6] The undertaking appears to meet the requirements of s.190(3) of the Act and I have accepted it. As a result, the undertakings are taken to be a term of the Agreement.

[7] The “Construction, Forestry, Maritime, Mining and Energy Union (CFMMEU)” and “Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU)” being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act I note that the Agreement covers these organisations.

[8] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

[9] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days from the date of approval of the Agreement. The nominal expiry date is 31 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electel Resources Pty Ltd brought an application to the Fair Work Commission for approval of the Electel Resources Pty Ltd Enterprise Agreement 2018. The application was contested by the Electrical Trades Union of Australia. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement was in the interests of the employees it covered, whether it met the requirements of the Act, and whether it had been made in good faith and without coercion.

The primary legal issues before the Commission were whether the agreement was a "genuine" enterprise agreement, whether it contained the necessary "minimum terms" as prescribed by the Act, and whether the agreement was made without coercion. The Electrical Trades Union of Australia argued that the agreement did not adequately represent the interests of the employees and that it failed to comply with the minimum terms. Additionally, they claimed that the agreement was not made in good faith and had been subject to undue influence. The Commission had to weigh these arguments against the submissions made by Electel Resources Pty Ltd, which argued that the agreement was both fair and representative.

The Commission found that the agreement was genuinely made by the parties and that it contained all the required minimum terms. It also concluded that the agreement was made in good faith and without coercion. The Commission considered the evidence provided by both parties, including the negotiation process and the terms of the agreement. It determined that the agreement was fair and reasonable, taking into account the interests of both employers and employees. The Commission approved the agreement, finding that it met all the statutory requirements and was in the best interests of the employees.

The Fair Work Commission approved the Electel Resources Pty Ltd Enterprise Agreement 2018, dismissing the objections raised by the Electrical Trades Union of Australia. This decision ensures that the agreement will be implemented as the basis for the employment conditions of the employees covered by the agreement.

Electel Resources 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