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

[2021] FWCA 6526

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
(AG2021/7948)

AMWU, ETU AND THE INVER ENGINEERING COLLECTIVE BARGAINING WORKSHOP AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 NOVEMBER 2021

Application for approval of the AMWU, ETU and the Inver Engineering Collective Bargaining Workshop Agreement 2021

[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 AMWU, ETU and the Inver Engineering Collective Bargaining Workshop Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking and 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, 188 and 190 as are relevant to this application for approval has been met.

[3] The CEPU and the Australian Manufacturing Workers Union (AMWU), being bargaining representatives for the Agreement, have given notice under s 183 of the Act that they want the Agreement to cover them. In accordance with s 201(2) and based on their declarations, I note that the Agreement covers these organisations.

[4] The Agreement was approved on 3 November 2021 and, in accordance with s 54, will operate from 10 November 2021. The nominal expiry date of the Agreement is 1 November 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The application before the Fair Work Commission was brought by three unions, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Australian Manufacturing Workers' Union, and the Electrical Trades Union. They sought approval of the AMWU, ETU and the Inver Engineering Collective Bargaining Workshop Agreement 2021. The agreement was made between the unions and Inver Engineering and was intended to cover employees of Inver Engineering. The primary issue before the Commission was whether the agreement was in the public interest. The Commission needed to consider various factors, including whether the agreement met the requirements of the Fair Work Act 2009, and whether it provided for the proper regulation of workplace relations.

The Commission found that the agreement was in the public interest. It noted that the agreement provided for the proper regulation of workplace relations, and that it met the requirements of the Fair Work Act 2009. The Commission also found that the agreement provided for fair and reasonable terms and conditions of employment, and that it was likely to lead to improved productivity and efficiency in the workplace. The Commission noted that the agreement provided for a range of protections for employees, including protections against unfair dismissal, and provisions for consultation and communication between employers and employees. The Commission was satisfied that the agreement would promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission approved the AMWU, ETU and the Inver Engineering Collective Bargaining Workshop Agreement 2021. The Commission found that the agreement was in the public interest, and that it provided for the proper regulation of workplace relations. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it was likely to lead to improved productivity and efficiency in the workplace. The Commission was satisfied that the agreement would promote harmonious, productive and cooperative workplace relations. The Commission approved the agreement, and it will now be registered with 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