DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical Trades Union of Australia, New South Wales Branch
(AG2016/7920)

ETU NSW STAFF ENTERPRISE AGREEMENT 2016

Clerical industry
COMMISSIONER GREGORY	MELBOURNE, 6 MARCH 2017

Application for approval of the ETU NSW Staff Enterprise Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the ETU NSW Staff Enterprise Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Electrical Trades Union of Australia, New South Wales Branch. 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The New South Wales Local Government, Clerical, Administrative, Energy, Airlines,& Utilities Union being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 March 2017. The nominal expiry date of the Agreement is 30 September 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The Electrical Trades Union of Australia, New South Wales Branch, applied for the approval of the ETU NSW Staff Enterprise Agreement 2016 before the Fair Work Commission. The agreement in question contained various terms and conditions of employment for staff members of the union, including provisions on wages, working hours, leave entitlements, and dispute resolution mechanisms. The application was met with scrutiny, primarily focusing on whether the agreement complied with the Fair Work Act 2009 and the relevant national employment standards.

The legal issues before the Commission involved whether the provisions of the agreement met the statutory requirements under the Fair Work Act, particularly regarding the incorporation of the national employment standards and ensuring that the agreement did not unfairly disadvantage any party. The Commission had to consider whether the agreement provided for minimum entitlements, allowed for flexibility in bargaining, and did not include any provisions that would be contrary to public policy or be oppressive to employees.

After a thorough review, the Fair Work Commission found that the ETU NSW Staff Enterprise Agreement 2016 was in compliance with the Fair Work Act. The Commission confirmed that the agreement incorporated all the national employment standards and did not contain any provisions that were contrary to public policy or oppressive to employees. The Commission noted that the agreement provided for fair terms and conditions of employment and allowed for appropriate flexibility in bargaining. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the ETU NSW Staff Enterprise Agreement 2016, recognising it as a valid and legally enforceable enterprise agreement under the Fair Work Act. This decision provided certainty to the parties involved and ensured that the agreement would govern the employment terms of the union's staff members in accordance with the statutory requirements.

Electrical Trades Union of Australia, New South Wales Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established