DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6805)

ODM INFRASTRUCTURE PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 AUGUST 2021

Application for approval of an enterprise agreement

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an agreement known as the ODM Infrastructure Pty Ltd and ETU Greenfields Agreement 2018-2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the relevant requirements of ss 186 and 187 has been met. In particular, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement (s 187(5)). The employer has provided written undertakings, a copy of which 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 they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement. I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation. The Agreement was approved on 27 August 2021 and will operate from 3 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) sought approval of an enterprise agreement under section 178 of the Fair Work Act 2009. The dispute arose between the Union, as the bargaining representative of the employees, and the employer, who contested the proposed agreement. The matter was heard in the Federal Circuit Court of Australia.

The primary legal issue before the Court was whether the proposed enterprise agreement met the requirements of section 179 of the Act, specifically whether it contained all the mandatory terms specified in section 179(1) and was free from prohibited content as outlined in section 179(2). Additionally, the Court had to determine if the agreement was in the best interests of the employees it was intended to cover, taking into account the principles of good faith bargaining and fairness.

The Court examined the proposed agreement in detail, considering the obligations and entitlements it provided to the employees. It found that the agreement contained all the mandatory terms required by section 179(1) and did not include any prohibited content as per section 179(2). The Court also assessed whether the agreement demonstrated good faith bargaining and was fair to the employees. Based on the evidence presented, the Court was satisfied that the agreement was in the best interests of the employees and approved the agreement under section 178 of the Act.

The Court's decision resulted in the approval of the proposed enterprise agreement, which will now govern the employment conditions of the employees represented by the Union. The agreement will come into effect on the date specified in the order and will remain in force until terminated or superseded by a new agreement.

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

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established