DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Essential Research and Communications Group Pty Ltd
(AG2019/1322)

THE ESSENTIAL RESEARCH AND COMMUNICATIONS GROUP AGREEMENT 2018

Miscellaneous
COMMISSIONER JOHNS	SYDNEY, 24 MAY 2019

Application for approval of The Essential Research and Communications Group Agreement 2018.

[1] An application has been made for approval of an enterprise agreement known as the Essential Research and Communications Group Agreement 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by The Essential Research and Communications Group 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.

[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] The Media, Entertainment and Arts Alliance (MEAA) 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 May 2019. The nominal expiry date of the Agreement is 30 June 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the case of The Essential Research and Communications Group Pty Ltd, the Fair Work Commission was called upon to assess the merits of a proposed enterprise agreement. This decision involved the applicant company, The Essential Research and Communications Group Pty Ltd, and the relevant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The primary dispute centred on the procedural fairness and the merits of the proposed The Essential Research and Communications Group Agreement 2018. The commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly focusing on whether it provided for the employees' pay and conditions in a manner that was fair and reasonable.

The legal issues that arose in this case were multifaceted. Firstly, the commission needed to assess whether the application for approval of the agreement was made in compliance with the relevant provisions of the Fair Work Act. This involved an examination of the procedural steps taken by the applicant company, including the manner in which the agreement was negotiated and the consultation process with the relevant union. Secondly, the commission had to evaluate the substantive fairness of the agreement, considering whether the terms and conditions proposed were equitable and did not disadvantage the employees. This required a detailed analysis of the agreement's provisions concerning pay rates, leave entitlements, and other employment conditions.

The commission began its analysis by reviewing the procedural fairness of the application. It found that the applicant company had adhered to the necessary steps and had engaged in good faith negotiations with the union. The commission acknowledged the complexity of the negotiation process and the efforts made to ensure that the union had a meaningful opportunity to participate. Moving on to the substantive fairness, the commission examined the proposed terms and conditions of the agreement, comparing them against industry benchmarks and existing agreements. The commission determined that the agreement provided for fair and reasonable pay and conditions for the employees, taking into account the specific circumstances of the workplace and the bargaining positions of the parties.

Ultimately, the Fair Work Commission found that the application for approval of The Essential Research and Communications Group Agreement 2018 was compliant with the statutory requirements and that the agreement was fair and reasonable. The commission approved the agreement, thereby allowing it to come into effect and be binding on the employees and the employer. This decision underscores the importance of procedural fairness and the need for balanced and equitable outcomes in enterprise agreements.

The Essential Research and Communications Group 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