DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Utech Group Pty Ltd
(AG2019/4931)

UTECH GROUP PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2019

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 3 JANUARY 2020

Application for approval of the Utech Group Pty Ltd & ETU Sydney Construction Enterprise Agreement 2019.

[1] An application has been made for approval of an enterprise agreement known as the Utech Group 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 Utech Group Pty Ltd. 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 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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 January 2020. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of the Utech Group Pty Ltd and ETU Sydney Construction Enterprise Agreement 2019. This agreement was submitted for consideration under the Fair Work Act 2009. The applicant, Utech Group Pty Ltd, sought the endorsement of the agreement which was intended to govern the terms and conditions of employment for workers in the Sydney construction industry.

The primary legal issue the court had to address was whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the court needed to determine if the agreement had been made in the spirit of the Act's objectives, which include facilitating high levels of employee participation in workplace decision-making and promoting high wages and conditions. Additionally, the court examined whether the agreement provided for a fair and efficient system for resolving workplace disputes.

In reaching its decision, the court thoroughly reviewed the agreement, considering its provisions in light of the statutory criteria. It found that the agreement did not adequately address several key issues, including the provision of adequate mechanisms for dispute resolution and the promotion of employee participation in workplace decision-making. Consequently, the court concluded that the agreement did not meet the necessary standards for approval under the Fair Work Act. The application was therefore dismissed.

Utech 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