Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia Summary

[2021] FWCA 6544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/8110)

VECCHIARELLI FAMILY TRUST (THE TRUSTEE FOR) T/AS GLADIATOR CRANES PTY LTD & ETU POWERLINE ENTERPRISE
AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 NOVEMBER 2021

Application for approval of the Vecchiarelli Family Trust (the Trustee for) T/As Gladiator Cranes Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Vecchiarelli Family Trust (the Trustee for) T/As Gladiator Cranes Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 (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 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 4 November 2021 and, in accordance with s 54, will operate from 11 November 2021. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve an enterprise agreement between the employer and the union. The employer, operating as Gladiator Cranes Pty Ltd and ETU Powerline, sought the agreement for the period 2020-2023. The union filed the application for approval, which was necessary under the Fair Work Act 2009 to ensure the agreement was fair and met the requirements of the legislation.

The primary legal issue before the Commission was whether the agreement met the criteria for being deemed "fair" as per the Fair Work Act. This required a comprehensive assessment of the terms of the agreement, including wages and conditions, to determine if they were equitable and met the standards set out in the Act. The Commission had to consider if the agreement provided for a fair and reasonable process for the resolution of workplace disputes, and if it was consistent with the broader objectives of the Act, including promoting harmonious, productive and cooperative workplace relations.

In delivering its decision, the Commission carefully examined each clause of the agreement. It found that the terms and conditions were fair and balanced, considering the needs and rights of both the employees and the employer. The Commission took into account the negotiation process, the nature of the industry, and the specific circumstances of the parties. The agreement was deemed to provide for a fair and reasonable process for resolving workplace disputes and aligned with the objectives of the Fair Work Act. Consequently, the Commission approved the enterprise agreement, acknowledging its fairness and compliance with the legislative requirements.

The final orders of the Commission included the approval of the Gladiator Cranes Pty Ltd and ETU Powerline Enterprise Agreement 2020-2023, effective from the date of the decision. This decision provided clarity and legal certainty for both the union and the employer, allowing them to proceed with the agreed terms in good faith, knowing that the agreement had been formally recognised and approved by the Fair Work Commission.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established