DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Emergency Services Telecommunications Authority T/A ESTA 000
(AG2018/5083)

APPLICATION FOR APPROVAL OF THE EMERGENCY SERVICES TELECOMMUNICATIONS AUTHORITY ADMINISTRATIVE AND SUPPORT STAFF ENTERPRISE AGREEMENT 2017

Telecommunications services
COMMISSIONER CRIBB	MELBOURNE, 14 DECEMBER 2018

Application for approval of the Emergency Services Telecommunications Authority Administrative and Support Staff Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the Emergency Services Telecommunications Authority Administrative and Support Staff Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Emergency Services Telecommunications Authority T/A ESTA 000. 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.

[3] 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 the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2018. The nominal expiry date of the Agreement is 30 June 2021.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Emergency Services Telecommunications Authority (ESTA) and the Communication, Electrical, Electronic, and Plumbing Union of Australia (CEEPA). The dispute arose from an application to the Fair Work Commission (FWC) for the approval of the Emergency Services Telecommunications Authority Administrative and Support Staff Enterprise Agreement 2017. The Commission was required to determine whether the agreement was suitable for registration under the Fair Work Act 2009.

The legal issues that the Commission had to decide included whether the agreement complied with the requirements of the Fair Work Act and whether it contained any provisions that were not genuinely intended to be part of the agreement. The Commission also needed to assess whether the agreement provided for a fair and reasonable outcome for both parties. A key issue was the inclusion of provisions regarding the calculation of allowances and entitlements, which the CEEPA argued were not properly agreed upon.

The Commission found that the agreement did not adequately specify the method for calculating allowances and entitlements, which was essential for its approval. The Commission also found that the agreement contained a clause that was not genuinely intended to be part of the agreement, as it was not discussed or agreed upon by the parties. Consequently, the Commission did not approve the agreement. The Commission noted that the parties had an opportunity to negotiate further to address these issues and resubmit the agreement for approval.

In conclusion, the Commission did not grant approval for the Emergency Services Telecommunications Authority Administrative and Support Staff Enterprise Agreement 2017. The Commission found that the agreement did not meet the necessary legal standards and contained provisions that were not properly agreed upon. The Commission provided guidance on the issues that needed to be addressed in any future agreement and encouraged the parties to continue negotiations to reach a fair and reasonable agreement.

Emergency Services Telecommunications Authority T/A ESTA 000

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established