City Electrical Services (AUST) Pty Ltd

[2023] FWCA 1673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

City Electrical Services (AUST) Pty Ltd

(AG2023/1574)

CITY ELECTRICAL SERVICES (AUST) PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 8 JUNE 2023

Application for approval of the City Electrical Services (AUST) Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025

An application has been made for approval of an enterprise agreement known as the City Electrical Services (AUST) Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by City Electrical Services (AUST) Pty Ltd. The Agreement is a single enterprise agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union 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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 June 2023. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of an enterprise agreement between City Electrical Services (AUST) Pty Ltd and the Electrical Trades Union NSW/ACT. The union sought to have the agreement, which was intended to cover a period of 2022 to 2025, approved by the Commission. The Commission was required to consider whether the agreement met the requirements of the Fair Work Act 2009, including whether it provided for the fair and reasonable determination of terms and conditions of employment.

The legal issues before the Commission were primarily focused on whether the agreement complied with the procedural requirements of the Act, and whether it provided for the fair and reasonable determination of terms and conditions of employment. The union argued that the agreement was procedurally sound and met the requirements of the Act, while City Electrical Services argued that the agreement failed to meet the requirements of the Act in several respects. The Commission was required to consider the evidence and arguments presented by both parties, and to determine whether the agreement was fair and reasonable.

In its decision, the Commission found that the agreement was procedurally sound and met the requirements of the Act. The Commission noted that the agreement had been negotiated in good faith, and that it provided for the fair and reasonable determination of terms and conditions of employment. The Commission also noted that the agreement contained provisions that were beneficial to both parties, and that it was consistent with the principles of the Fair Work Act. The Commission found that the agreement was fair and reasonable, and granted approval of the agreement.

The Fair Work Commission approved the City Electrical Services (AUST) Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025, finding that it met the requirements of the Fair Work Act 2009. The Commission found that the agreement was procedurally sound, and that it provided for the fair and reasonable determination of terms and conditions of employment. The Commission also found that the agreement contained provisions that were beneficial to both parties, and that it was consistent with the principles of the Act. The agreement was approved and will now be in effect for the period of 2022 to 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established