Barnwell Cambridge Pty Ltd Summary

[2023] FWCA 1851

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Barnwell Cambridge Pty Ltd

(AG2023/1900)

BARNWELL CAMBRIDGE PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JUNE 2023

Application for approval of the Barnwell Cambridge Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025

Barnwell Cambridge Pty Ltd has made an application for approval of an enterprise agreement known as the Barnwell Cambridge Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (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 22 June 2023 and, in accordance with s 54, it will operate from 29 June 2023. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the agreement between Barnwell Cambridge Pty Ltd and the ETU NSW/ACT Construction Union for the years 2022 to 2025. The application was brought before the Fair Work Commission, which oversees the approval of enterprise agreements under the Fair Work Act 2009. The union and the company had reached an agreement that needed to be formally approved to be legally binding. The primary concern was whether the agreement met the legal standards set out in the Act, particularly focusing on the requirements for good faith bargaining and the protection of employees' rights.

The legal issues the court had to resolve included whether the agreement had been made in good faith, if it provided for the employees' minimum entitlements, and whether it met the specific criteria for approval as set out in the Fair Work Act. The court had to consider evidence of the bargaining process and whether it was conducted genuinely and in good faith. Additionally, the court needed to ensure that the agreement did not undermine the minimum standards of pay and conditions set by the Act.

The Fair Work Commission examined the evidence presented and found that the agreement had been made in good faith and met all the statutory requirements. The court noted that the agreement provided for the employees' minimum entitlements and did not diminish any rights or conditions of employment. It also found that the process of reaching the agreement was fair and that both parties had participated genuinely. Therefore, the court approved the agreement, confirming that it complied with all legal standards and could be enforced as a binding enterprise agreement.

The final orders of the court were that the Barnwell Cambridge Pty Ltd and ETU NSW/ACT Construction Union Agreement 2022-2025 be approved and registered under the Fair Work Act. This decision provided legal certainty for the agreement, allowing it to take effect and govern the employment conditions between the company and the union for the specified period.

Barnwell Cambridge Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established