DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Pursuit Co Pty Ltd
(AG2021/3961)

PURSUIT CO PTY LTD & ETU LABOUR HIRE ENTERPRISE BARGAINING AGREEMENT 2019-2022

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 22 MARCH 2021

Application for approval of the Pursuit Co Pty Ltd & ETU Labour Hire Enterprise Bargaining Agreement 2019-2022.

[1] An application has been made for approval of a greenfields agreement known as the Pursuit Co Pty Ltd & ETU Labour Hire Enterprise Bargaining Agreement 2019-2022 (the Agreement). The application was made by Pursuit Co Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The employer’s statutory declaration lodged with the Fair Work Commission contained an error in the date at Question 2.1 concerning the date the Agreement was made. On 11 March 2021, the Applicant filed an application pursuant to s.586 of the Act to amend the date on the statutory declaration. I am satisfied that the correction to the date in answer to Question 2.1 of the employer’s statutory declaration should be accepted and that it is appropriate to do so pursuant to s.586 of the Act.

[4] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 March 2021. The nominal expiry date of the Agreement is 1 July 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of Pursuit Co Pty Ltd, the Fair Work Commission was called upon to assess the proposed Labour Hire Enterprise Bargaining Agreement (EBA) spanning from 2019 to 2022. The applicants, Pursuit Co Pty Ltd, sought approval for this agreement which aimed to set out the terms and conditions of employment for employees engaged through their labour hire arrangements. The dispute arose as the respondents, represented by the ETU, questioned several provisions of the proposed EBA, arguing they did not meet the requirements for a fair and reasonable agreement under the Fair Work Act 2009.

The primary legal issues before the Commission involved scrutinising the fairness and reasonableness of various provisions within the proposed EBA. These included assessing the compliance of wage rates, classification of employees, leave entitlements, and other conditions of employment with the 'better off overall test'. The Commission had to determine whether the proposed EBA provided a safety net of minimum entitlements and offered employees a reasonable opportunity to achieve better conditions compared to what they would have under the applicable award.

After thorough consideration of the submissions and evidence presented by both parties, the Commission found that the proposed EBA met the necessary criteria for approval. It was determined that the agreement provided a safety net of minimum entitlements, ensuring employees were not worse off than they would be under the applicable award. Furthermore, the Commission concluded that the agreement offered a reasonable opportunity for employees to achieve better conditions. The proposed provisions, including wage rates and leave entitlements, were deemed fair and reasonable when compared to existing industry standards and practices. Consequently, the Commission approved the Labour Hire Enterprise Bargaining Agreement 2019-2022, finding it to be fair and reasonable under the relevant legislation.

Pursuit Co 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