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

[2021] FWCA 6185

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
(AG2021/7646)

KELLY ELECTRICAL AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 OCTOBER 2021

Application for approval of the Kelly Electrical and ETU Enterprise Agreement 2018-2021

[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 Kelly Electrical and ETU Enterprise Agreement 2018-2021 (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.

[3] Subject to the undertaking referred to above, 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.

[4] 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.

[5] The Agreement was approved on 11 October 2021 and, in accordance with s 54, will operate from 18 October 2021. The nominal expiry date of the Agreement is 31 December 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The union applied for the approval of an enterprise agreement between Kelly Electrical and the Electrical Trades Union of Australia for the period 2018-2021. The application was made to the Fair Work Commission, which is tasked with approving such agreements if they meet the necessary criteria under the Fair Work Act. The union argued that the agreement should be approved as it provided for fair and reasonable terms and conditions of employment, including provisions on wages, hours of work, and other employment-related matters.

The legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained the necessary provisions, if it was free from prohibited content, and if it had been made in accordance with the procedural requirements of the Act. The union submitted that the agreement was fair and reasonable and that it complied with all relevant provisions of the Act.

The Commission found that the agreement contained all the necessary provisions and was free from prohibited content. It noted that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with all relevant provisions of the Act. The Commission also found that the agreement had been made in accordance with the procedural requirements of the Act, including the requirement that the union and employer bargain in good faith. The Commission approved the agreement, finding that it met all the necessary criteria for approval under the Act.

The Commission made an order approving the enterprise agreement between Kelly Electrical and the Electrical Trades Union of Australia for the period 2018-2021. The order was made on the basis that the agreement met all the necessary criteria for approval under the Fair Work Act. The union and employer were bound by the terms of the agreement, which provided for the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established