DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Carringtons Electrical Pty Ltd
(AG2021/6623)

CARRINGTONS ELECTRICAL PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2021

Application for approval of the Carringtons Electrical Pty Ltd & ETU Sydney Construction Enterprise Agreement 2021.

[1] Carringtons Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the Carringtons Electrical Pty Ltd & ETU Sydney Construction Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] 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.

[3] 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

[4] The Agreement was approved on 17 August 2021 and, in accordance with s 54, will operate from 24 August 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a new enterprise agreement between Carringtons Electrical Pty Ltd and the Electrical Trades Union Sydney. The application was brought before the Fair Work Commission, which is tasked with overseeing and approving enterprise agreements to ensure they meet certain legal standards. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements and whether it offered fair terms and conditions to the employees covered by the agreement.

The legal issues that the Commission had to decide included whether the agreement contained all the mandatory terms prescribed by the Fair Work Act 2009, whether the agreement was made in good faith and whether it provided for a fair and efficient workplace. The Commission also needed to consider if the agreement was made without any undue influence or coercion and if it provided adequate protections for employees.

The Fair Work Commission found that the proposed agreement met all the necessary legal requirements. The Commission was satisfied that the agreement contained all the mandatory terms and that it was made in good faith. The Commission also found that the agreement provided for a fair and efficient workplace and did not result from any undue influence or coercion. After considering all the evidence and arguments presented, the Commission approved the agreement.

The Fair Work Commission approved the Carringtons Electrical Pty Ltd & ETU Sydney Construction Enterprise Agreement 2021, confirming that it met all the necessary legal standards and provided fair terms and conditions for the employees. The approval of this agreement will now govern the employment relationship between Carringtons Electrical Pty Ltd and the relevant employees.

Carringtons Electrical 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