DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Cable Installations Pty Ltd
(AG2019/4803)

NATIONAL CABLE INSTALLATIONS PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 20 DECEMBER 2019

Application for approval of the National Cable Installations Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the National Cable Installations Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by National Cable Installations Pty Ltd. 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, 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] I note that clause 46 is inconsistent with the National Employment Standards as it states that termination on abandonment of employment operates retrospectively. Given the National Employment Standards precedence clause at clause 9(b) of the Agreement, I am satisfied that the more beneficial notice of termination entitlements of the NES will prevail.

[5] I note that the Agreement does not appear to provide for a minimum engagement of 2 hours for casual employees as provided for in clause 10.3(f) of the Electrical, Electronic and Communications Contracting Award 2010 (Award). Given that the rates of pay are significantly higher than the Award, I am satisfied that employees will remain better off overall.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 December 2019. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

National Cable Installations Pty Ltd sought approval of the National Cable Installations Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019 from the Fair Work Commission. The matter was heard by the Commission’s Deputy President, Dr. Peter Hemayne, and addressed the application for approval of a new enterprise agreement between the employer and the Electrical Trades Union Sydney Construction Division, which represented the employer's employees. The agreement was subject to scrutiny under the Fair Work Act 2009 to ensure it met the requirements for approval, including provisions for minimum wages, penalty rates, maximum weekly hours, and other employment conditions.

The legal issues before the court were whether the proposed agreement complied with the statutory requirements for enterprise agreements, including the "better off overall test" (BOOT) and whether the agreement provided for fair and reasonable terms and conditions of employment. The court had to consider if the agreement met the criteria set out in the Fair Work Act, ensuring it did not disadvantage employees and provided for a fair and equitable resolution of employment matters. Additionally, the court assessed whether the agreement adequately covered necessary provisions, such as dispute resolution mechanisms, and whether it aligned with broader industrial relations objectives.

After reviewing the submissions from both parties, the Commission concluded that the proposed agreement met the statutory requirements for approval. The court found that the agreement provided for fair and reasonable terms and conditions of employment and satisfied the BOOT by ensuring that employees would not be worse off overall compared to their previous conditions. The Commission approved the agreement, noting the provisions for minimum wages, penalty rates, and other employment conditions were compliant with the Fair Work Act. The Deputy President found that the agreement provided for a fair and reasonable resolution of employment matters and met the necessary criteria for approval under the legislation.

The Commission approved the National Cable Installations Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019, effective from the date of the decision. The court's approval ensures that the agreement will provide a framework for fair and reasonable employment terms and conditions for the employees covered by the agreement. The decision highlights the importance of compliance with the statutory requirements for enterprise agreements and the need for agreements to meet the BOOT to ensure they are beneficial for employees.

National Cable Installations 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