Competition, productivity, and safety concerns cited in dismissing 12 contractors' single interest authorisation bid
The Fair Work Commission (FWC) has dismissed an application by 12 electrical contractors to bargain together for a single multi-enterprise agreement across New South Wales and the Australian Capital Territory, citing concerns over competition, productivity, and workplace safety.
The employers, led by Fredon Industries, applied on 5 June for a single interest employer authorisation. They did so with the consent of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), whose electrical division is the Electrical Trades Union (ETU).
The National Electrical and Communications Association NSW & ACT (NECA) opposed the application.
In a decision handed down on 24 September, Commissioner Sarah McKinnon was not satisfied that making the authorisation would not be contrary to the public interest.
"The available information gives rise to concerns about whether the authorisation will facilitate outcomes that are consistent with the objects of the Act, and whether the outcome will instead mean less competition, lower productivity, and one that undermines efforts to ensure the safety, integrity and security of workplaces in the electrical contracting and construction industries," the Commissioner wrote.
Because the employers, not the union, made the application, no statutory presumption applied...
Millions of Aussies will be cheering Ben Roberts-Smith after seeing his publicity campaign. But we must leave all these matters to a criminal court to decide – this time beyond reasonable doubt.