DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electro Data and Generation Pty Ltd
(AG2020/1930)

ELECTRO DATA AND GENERATION PTY LTD DATA AND COMMUNICATIONS ENTERPRISE AGREEMENT 2020 - 2022

Electrical contracting industry
COMMISSIONER PLATT	ADELAIDE, 15 JULY 2020

Application for approval of the Electro Data and Generation Pty Ltd Data and Communications Enterprise Agreement 2020 - 2022.

[1] An application has been made for approval of an enterprise agreement known as the Electro Data and Generation Pty Ltd Data and Communications Enterprise Agreement 2020 - 2022 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Electro Data and Generation Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

[2] The matter was allocated to my Chambers on 13 July 2020.

[3] As the Agreement does not contain a consultation term which meets the requirements of s.205 of the Act, the model consultation term is taken to be a term of the Agreement.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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) of the Act I note that the Agreement covers this organisation.

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

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 31 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the Electro Data and Generation Pty Ltd Data and Communications Enterprise Agreement 2020-2022. The applicant, Electro Data and Generation Pty Ltd, sought approval of the agreement under the Fair Work Act 2009. The respondents were the Communication Workers Union, the Shop, Distributive and Allied Employees' Association, and the Australian Manufacturing Workers' Union. The dispute centred on the terms and conditions of employment for the workers covered by the agreement, including wages, hours of work, and other employment-related matters.

The primary legal issues for the Commission to decide were whether the agreement met the requirements of section 233 of the Fair Work Act, which stipulates that an enterprise agreement must be made in good faith and cover certain prescribed minimum terms and conditions of employment. Additionally, the Commission had to consider whether the agreement provided for the fair treatment of employees and whether it was free from any unfair provisions. The Commission also had to evaluate if the agreement provided for a fair process for resolving disputes between the parties.

In reaching its decision, the Commission found that the agreement contained terms and conditions that were fair and reasonable, and that it had been made in good faith. The Commission determined that the agreement provided for the fair treatment of employees and was free from any unfair provisions. Furthermore, the Commission found that the agreement provided for an effective process for resolving disputes between the parties. Having considered all of the evidence and submissions, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the Electro Data and Generation Pty Ltd Data and Communications Enterprise Agreement 2020-2022, effective from 1 January 2020 for a period of two years. The Commission's approval of the agreement ensures that the employees covered by the agreement are entitled to the terms and conditions set out in the agreement, and that the agreement provides for the fair treatment of employees and an effective process for resolving disputes.

Electro Data and Generation 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