All Data & Communications Pty Ltd

[2023] FWCA 1555

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

All Data & Communications Pty Ltd

(AG2023/1526)

ALL DATA & COMMUNICATIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2023

Application for approval of the All Data & Communications Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

All Data & Communications Pty. Ltd. has made an application for approval of an enterprise agreement known as the All Data & Communications Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 31 May 2023 and, in accordance with s 54, it will operate from 7 June 2023. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, All Data & Communications Pty Ltd applied for approval of the All Data & Communications Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023. The applicant sought to have the enterprise agreement registered as a single-enterprise agreement, thereby providing the agreement's terms to all employees of the company, even if they were not members of the CEPU Electrical Division. The dispute centred on whether the enterprise agreement was a single-enterprise agreement under the Fair Work Act 2009.

The court was required to determine whether the enterprise agreement, which was negotiated between the applicant and the CEPU Electrical Division, could be extended to cover all employees of the applicant, including those not members of the CEPU. The key issue was whether the agreement met the criteria for approval as a single-enterprise agreement, including whether the agreement covered all employees of the employer and whether it was negotiated in good faith.

The Commission found that the enterprise agreement was indeed a single-enterprise agreement as it covered all employees of the applicant. The agreement was negotiated in good faith between the applicant and the CEPU Electrical Division, and it contained provisions that met the requirements of the Fair Work Act. The Commission considered the negotiation process, the terms of the agreement, and the interests of the employees. The Commission approved the enterprise agreement, stating that it was in the best interests of the employees and complied with the relevant provisions of the Fair Work Act.

The Commission made orders approving the All Data & Communications Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 as a single-enterprise agreement. The agreement was to apply to all employees of the applicant, including those not members of the CEPU, from the date of registration. The applicant was directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established