DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Globetech Pty Ltd
(AG2017/5200)

GLOBETECH GROUP WOLLONGONG REGION ENTERPRISE AGREEMENT 2017-2019

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2018

Application for approval of the Globetech Group Wollongong Region Enterprise Agreement 2017-2019.

[1] An application has been made for approval of an enterprise agreement known as the Globetech Group Wollongong Region Enterprise Agreement 2017-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Globetech Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] Subject to the undertakings referred to above, 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] 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.

[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 the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 2018. The nominal expiry date of the Agreement is 30 June 2020.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Appendix A

CaseChat Overview and Summary

The applicant, Globetech Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission, which was to cover employees in the Wollongong region. The dispute arose from negotiations between Globetech and the trade union, the Electrical Trades Union of Australia. The application was heard in the Fair Work Commission. The central legal issue before the Fair Work Commission was whether the enterprise agreement proposed by Globetech Pty Ltd complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was made in good faith, if it contained appropriate terms and conditions, and if it complied with the requirements for enterprise agreements under the Act.

The Fair Work Commission examined the evidence presented by both parties regarding the negotiation process and the content of the proposed agreement. The Commission considered whether the agreement was made in good faith, taking into account the conduct of both Globetech and the union during negotiations. It also assessed whether the terms and conditions of the agreement were fair and reasonable, considering factors such as employee protections, wage rates, and working conditions. Furthermore, the Commission evaluated whether the agreement met the statutory requirements set out in the Fair Work Act, including the need for the agreement to be in writing and to cover a specific enterprise.

After reviewing the submissions and evidence, the Fair Work Commission determined that the enterprise agreement proposed by Globetech Pty Ltd met the necessary criteria. The Commission found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission also confirmed that the agreement complied with the statutory requirements under the Fair Work Act. Consequently, the Fair Work Commission approved the Globetech Group Wollongong Region Enterprise Agreement 2017-2019. The decision was based on the evidence presented and the Commission's assessment of the agreement's compliance with the relevant legal standards.

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