DECISION

Fair Work Act 2009
s.185—Enterprise agreement

UAM Pty Ltd
(AG2019/1810)

UAM PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2019

Application for approval of the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021

[1] UAM Pty Ltd has made an application for approval of an enterprise agreement known as the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 14 June 2019 and, in accordance with s 54, will operate from 21 June 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021. The applicant, UAM Pty Ltd, sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute arose when the Australian Council of Trade Unions (ACTU) lodged objections to the approval of the agreement. The matter was heard in the Fair Work Commission, with the Commission having to decide whether to approve the agreement despite the objections raised.

The central legal issue was whether the agreement met the requirements of section 232 of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement provided for fair and reasonable terms and conditions and whether it was made in accordance with the relevant provisions of the Act. The objections raised by the ACTU centred on provisions relating to the calculation of penalty rates and the classification of employees. The Commission needed to assess whether these provisions complied with the statutory requirements and whether the agreement was fair and reasonable overall.

The Commission began by reviewing the process by which the agreement was made, confirming that it was negotiated in good faith and that the necessary procedural requirements were met. The Commission then examined the substantive provisions of the agreement, including the provisions that were the subject of the objections. The Commission found that the agreement did provide for fair and reasonable terms and conditions and was made in accordance with the relevant provisions of the Act. The Commission concluded that the objections did not demonstrate that the agreement was not in the best interests of the employees or contrary to public interest. Therefore, the Commission approved the agreement.

The Fair Work Commission approved the UAM Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 as a registered agreement. The decision confirmed that the agreement met the requirements of the Fair Work Act 2009 and was fair and reasonable. The approval of the agreement ensures that the terms and conditions set out in the agreement are legally binding on the parties and can be enforced by the Commission.

UAM 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