DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Wood Group PSN Australia Pty Ltd; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2017/5025)

WOOD GROUP PSN AUSTRALIA PTY LTD AND ETU ENTERPRISE AGREEMENT 2017 - 2021

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 JANUARY 2018

Application for approval of the Wood Group PSN Australia Pty Ltd and ETU Enterprise Agreement 2017 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the Wood Group PSN Australia Pty Ltd and ETU Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Wood Group PSN Australia Pty Ltd; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Applicant 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 22 January 2018 and, in accordance with s.54, will operate from 29 January 2018. The nominal expiry date of the Agreement is 31 March 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Wood Group PSN Australia Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia were the parties in dispute. The application before the Fair Work Commission sought approval of their Enterprise Agreement 2017-2021. The matter was heard by Deputy President J A S Smith. The primary legal issue before the court was whether the proposed enterprise agreement met the requirements under the Fair Work Act 2009 for minimum entitlements, including the provision of fair and reasonable terms and conditions.

The court considered whether the agreement provided for the minimum entitlements as stipulated by the Act, and if it met the 'better off overall test', ensuring that no employee would be worse off than they would be under the applicable award. The agreement included provisions for minimum rates of pay, leave entitlements, and various other conditions of employment. The union and the employer had negotiated these terms in good faith. The court also examined whether the agreement allowed for the fair and reasonable resolution of workplace issues, and if it facilitated productive workplace relations.

After thorough examination of the agreement and the submissions made by both parties, the court found that the proposed agreement met all the statutory requirements. The Deputy President was satisfied that the agreement provided for the minimum entitlements, adhered to the 'better off overall test', and contained provisions for the fair and reasonable resolution of workplace issues. Consequently, the court approved the application for the agreement to be registered. This approval ensures that the agreement will serve as the governing document for the employment conditions of the parties involved for the period specified.

Wood Group PSN Australia Pty Ltd; Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established