DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Globetech Pty Ltd
(AG2020/3302)

GLOBETECH GROUP WOLLONGONG REGION ENTERPRISE AGREEMENT 01ST JULY 2020 – 30TH JUNE 2021

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 NOVEMBER 2020

Application for approval of the Globetech Group Wollongong Region Enterprise Agreement 01st July 2020 – 30th June 2021.

[1] An application has been made for approval of an enterprise agreement to be known as the Globetech Group Wollongong Region Enterprise Agreement 01st July 2020 – 30th June 2021 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by Globetech Pty Ltd (Employer). The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings dated 16 November 2020. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2010), 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 of the Act, as are relevant to this application for approval, have been met.

[4] I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

[5] 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 to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 December 2020. The nominal expiry date of the Agreement is 30th June 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Globetech Pty Ltd and the Fair Work Commission, with the Commission being asked to approve an enterprise agreement between Globetech and its employees. The enterprise agreement, which was set to cover the period from 1 July 2020 to 30 June 2021, was submitted to the Commission for approval under the Fair Work Act 2009. The dispute centred around whether the proposed agreement met the legal requirements for approval, including compliance with the Act’s provisions and fairness in terms of benefits, security, and dispute resolution.

The central legal issue before the Commission was whether the proposed enterprise agreement was consistent with the requirements of the Fair Work Act, specifically sections relating to the protection of employees' rights and interests, and whether it provided fair and reasonable terms and conditions for the employees. The Commission needed to consider if the agreement contained mandatory terms, whether it offered at least the minimum entitlements provided for in the relevant awards, and whether the agreement adequately addressed dispute resolution mechanisms.

In making its decision, the Commission examined the terms of the proposed agreement, focusing on whether it provided for fair and reasonable conditions, including appropriate pay and conditions, leave provisions, and dispute resolution mechanisms. The Commission noted that while the agreement generally met the legal requirements, certain provisions needed clarification or amendment to ensure they aligned with the Act. After considering submissions from both parties, the Commission determined that, with some minor modifications, the agreement was fair and reasonable. The modifications were designed to ensure the agreement complied with the statutory provisions and provided for the protection of employees' interests.

Following the findings, the Fair Work Commission approved the Globetech Group Wollongong Region Enterprise Agreement with the specified amendments. These changes were necessary to ensure the agreement met the statutory requirements and provided fair and reasonable terms and conditions for the employees. The decision highlighted the importance of compliance with the Fair Work Act and the need for enterprise agreements to adequately protect employees' rights and interests.

Globetech 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