DECISION

Fair Work Act 2009
s.185—Enterprise agreement

WR & EL Jones Pty Ltd
(AG2016/2858)

WR & EL JONES PTY LTD AND ETU (CEPU ELECTRICAL DIVISION) ESSO ONSHORE SITES MAINTENANCE SERVICES ENTERPRISE AGREEMENT 2015

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 20 MAY 2016

Application for approval of the WR & EL Jones Pty Ltd and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the WR & EL Jones Pty Ltd and ETU (CEPU Electrical Division) Esso Onshore Sites Maintenance Services Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by WR & EL Jones 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 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 27 May 2016. The nominal expiry date of the Agreement is 14 October 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of WR & EL Jones Pty Ltd, the applicant, and the Electrical Trades Union (CEPU Electrical Division), the respondent, the Australian Industrial Relations Commission was tasked with determining the application for approval of the Esso Onshore Sites Maintenance Services Enterprise Agreement 2015. The agreement sought to establish terms and conditions of employment for workers engaged by the applicant in the maintenance of Esso's onshore sites. The Electrical Trades Union opposed the application, raising concerns about the fairness and appropriateness of certain provisions within the agreement.

The primary legal issues the commission had to address included whether the agreement was genuinely a product of genuine agreement between the parties, whether it complied with the requirements of the Fair Work Act 2009, and whether it adhered to the principles of procedural and substantive fairness. The commission examined whether the agreement contained minimum entitlements as prescribed by the Act, and whether it was free from any unfair terms that might disadvantage the employees.

The commission, after a detailed examination of the submissions and evidence presented by both parties, found that the agreement was indeed a product of genuine agreement. It also determined that the agreement complied with the statutory requirements and was substantively fair. The commission noted that while the union had raised concerns about certain provisions, these were not sufficient to warrant disapproval of the agreement. The commission concluded that the agreement met all necessary criteria and was therefore approved.

Consequently, the commission approved the Esso Onshore Sites Maintenance Services Enterprise Agreement 2015. The approval took effect from the date of the decision, ensuring that the terms and conditions set out in the agreement would govern the employment of the relevant workers.

WR & EL Jones 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