DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrical Trades Union of Employees Queensland
(AG2016/7277)

ADMINISTRATION STAFF EMPLOYED BY THE ELECTRICAL TRADES UNION OF EMPLOYEES QUEENSLAND CERTIFIED AGREEMENT 2016

Clerical industry
COMMISSIONER ROE	MELBOURNE, 8 DECEMBER 2016

Application for approval of the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Certified Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Certified 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 Employees Queensland. The Agreement is a single enterprise agreement.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] 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.

[4] The Australian Municipal and Clerical Services Union Queensland Together Branch 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.

[5] The Agreement was approved on 8 December 2016 and, in accordance with s.54, will operate from 15 December 2016. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Electrical Trades Union of Employees Queensland, which sought approval of the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Certified Agreement 2016. The application was heard in the Fair Work Commission, which was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary concern was whether the agreement provided for fair and reasonable terms and conditions for employees, including provisions related to pay, hours of work, and other employment conditions.

The central legal issues revolved around the interpretation and application of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission needed to assess whether the agreement complied with the relevant legislative provisions, particularly those concerning the protection of vulnerable employees, the avoidance of discrimination, and the promotion of harmonious, productive, and cooperative workplace relations. The application was made by the Electrical Trades Union of Employees Queensland, and the Commission had to consider submissions from both the union and any other interested parties.

The Commission found that the agreement largely met the statutory requirements for approval. It was noted that the agreement contained provisions that addressed key employment terms and conditions in a fair and reasonable manner. The Commission also considered the submissions from other parties and found no significant concerns that would warrant disapproval of the agreement. The agreement provided for a structured approach to resolving workplace disputes and included provisions for employee representation, which were seen as positive steps towards maintaining harmonious workplace relations. Consequently, the Commission approved the application and certified the agreement as meeting the necessary legislative standards.

The final orders of the Commission were that the Administration Staff Employed by the Electrical Trades Union of Employees Queensland Certified Agreement 2016 be approved and certified as meeting the requirements of the Fair Work Act 2009. The agreement was certified as of no detriment to the employees it covers, and it came into effect on the date of the Commission’s decision. This decision provided certainty to both the union and the employees, ensuring that the terms and conditions of employment were legally compliant and reasonably fair.

Electrical Trades Union of Employees Queensland

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established