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

[2021] FWCA 6394

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
(AG2021/7687)

MERCHANT ELECTRIC PTY LTD AND ETU MELBOURNE METRO TUNNEL ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 25 OCTOBER 2021

Application for approval of the Merchant Electric Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

[1] An application has been made for approval of an enterprise agreement known as the Merchant Electric Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2021. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Merchant Electric Pty Ltd. The enterprise agreement in question related to the Melbourne Metro Tunnel Enterprise Agreement for the period 2020-2023. The application was heard by the Fair Work Commission (FWC), Australia's workplace relations tribunal. The primary legal issues for the FWC to determine were whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009, including whether it facilitated the improvement of workplace relations, and whether it contained provisions that were contrary to public policy.

The FWC examined the provisions of the agreement, assessing its compliance with the Act, focusing on whether the agreement facilitated the improvement of workplace relations, and whether it contained any provisions that were contrary to public policy. The FWC found that the agreement did not contain any provisions that were contrary to public policy and that the agreement was likely to facilitate the improvement of workplace relations. The FWC also noted that the agreement had been the result of extensive negotiations between the parties, and that it included a broad range of terms and conditions of employment that were consistent with the relevant industry standards. In light of these findings, the FWC approved the enterprise agreement.

The FWC's decision was based on a detailed analysis of the agreement's provisions, taking into account the relevant legal framework and the principles of good faith bargaining and freedom of association. The FWC found that the agreement was likely to facilitate the improvement of workplace relations, and that it did not contain any provisions that were contrary to public policy. The FWC's approval of the enterprise agreement was therefore in accordance with the requirements of the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established