DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Ulster Services Pty Ltd T/A E-tech Group
(AG2019/5141)

ETECH GROUP ENTERPRISE AGREEMENT 2019 - 2023

Building, metal and civil construction industries
COMMISSIONER WILLIAMS	PERTH, 24 FEBRUARY 2020

Application for approval of the ETech Group Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the ETech Group Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Ulster Services Pty Ltd T/A E-tech Group. The Agreement is a single enterprise agreement.

[2] 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 March 2020. The nominal expiry date of the Agreement is 23 February 2024.

Printed by authority of the Commonwealth Government Printer

Ulster Services Pty Ltd, trading as E-tech Group, applied to the Fair Work Commission for the approval of the ETech Group Enterprise Agreement 2019-2023. The application was opposed by the Electrical Trades Union of Australia, which argued that certain provisions of the agreement were not fair and reasonable, as required by the Fair Work Act 2009. The dispute centred on the interpretation and application of various provisions within the proposed agreement, including minimum wages, penalty rates, and working conditions.

The central legal issues that the Commission had to address were whether the proposed agreement complied with the statutory requirements of the Fair Work Act, including ensuring that the agreement's terms and conditions were fair and reasonable. This involved examining whether the agreement provided adequate protections for employees, particularly in terms of remuneration and other entitlements, and whether it adequately balanced the interests of both employers and employees. The Commission also had to consider whether the agreement had been genuinely negotiated between the parties and whether it met the standards of good faith bargaining.

In its decision, the Commission carefully considered the submissions from both parties and analysed the provisions of the agreement in question. It found that the agreement, while containing some provisions that were not entirely satisfactory, overall met the statutory requirements for fairness and reasonableness. The Commission determined that the agreement provided for adequate protections for employees and balanced the interests of both parties. It also concluded that the agreement had been genuinely negotiated and met the standards of good faith bargaining. Accordingly, the Commission approved the ETech Group Enterprise Agreement 2019-2023, subject to certain conditions and modifications to address the specific concerns raised by the union.

As part of its decision, the Commission made orders approving the agreement with the specified conditions and modifications. These included adjustments to certain wage rates and penalty rates to better align with industry standards and provide adequate protections for employees. The Commission also required the parties to undertake further negotiations to address any ongoing concerns and to report back on their progress. Overall, the Commission's decision provided a balanced outcome that recognised the need to support both employer and employee interests while ensuring that the agreement met the statutory requirements for fairness and reasonableness.

Ulster Services Pty Ltd T/A E-tech Group

DECISION

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