DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Falbury Pty Ltd t/a ETS Electrical Services
(AG2019/4103)

ETS ELECTRICAL SERVICES MECHANICAL SERVICE ENTERPRISE AGREEMENT TASMANIA 2019-2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the ETS Electrical Services Mechanical Service Enterprise Agreement Tasmania 2019-2021

[1] Falbury Pty Ltd t/a ETS Electrical Services has made an application for approval of an enterprise agreement known as the ETS Electrical Services Mechanical Service Enterprise Agreement Tasmania 2019-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 29 November 2019 and, in accordance with s 54, will operate from 6 December 2019. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, Falbury Pty Ltd, trading as ETS Electrical Services, applied to the Fair Work Commission for approval of the ETS Electrical Services Mechanical Service Enterprise Agreement Tasmania 2019-2021. The application arose following negotiations between the applicant and the Australian Council of Mechanical Electrical Trades Unions (ACMEU), the representative union for the employees. The union sought to have the agreement approved under section 232 of the Fair Work Act 2009, asserting that it met the requirements for registration.

The primary legal issue before the Commission was whether the agreement complied with the relevant provisions of the Fair Work Act, particularly section 230, which sets out the criteria for the registration of an enterprise agreement. The union argued that the agreement was in line with the statutory requirements and should be registered, while Falbury Pty Ltd contended that certain aspects of the agreement did not comply with the Act. The central points of contention were the provisions regarding penalty rates, shift differentials, and the classification of certain work roles.

The Commission examined the agreement clause by clause, considering the submissions from both parties. It was found that the agreement contained clauses which provided for penalty rates and shift differentials that were consistent with the applicable awards and the Fair Work Act. The classification of roles within the agreement was also considered in light of the roles' duties and responsibilities, and it was determined that the classifications were appropriate. The Commission was satisfied that the agreement fulfilled the necessary requirements for registration and thus approved the application. The agreement was registered and will apply to the employees of Falbury Pty Ltd for the specified period.

Falbury Pty Ltd t/a ETS Electrical Services

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established