DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6617)

PROTECH PERSONNEL (VIC) PTY LTD AND ETU ENTERPRISE AGREEMENT (APPRENTICES) 2020 – 2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 AUGUST 2021

Application for approval of the Protech Personnel (VIC) Pty Ltd and ETU Enterprise Agreement (Apprentices) 2020 – 2024.

[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 Protech Personnel (VIC) Pty Ltd and ETU Enterprise Agreement (Apprentices) 2020 – 2024 (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 requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, 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.

[3] 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.

[4] The Agreement was approved on 18 August 2021 and, in accordance with s 54, will operate from 25 August 2021. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Protech Personnel (VIC) Pty Ltd and ETU Enterprise Agreement (Apprentices) 2020 – 2024. The dispute arose as the Commission needed to determine whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was required to assess if the agreement met the requirements for "better off overall" and "in the national system," and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The legal issues the Commission had to address were whether the agreement provided terms and conditions that were not less favourable than the relevant award or registered agreement, and if the agreement was made in good faith. The Commission also had to consider whether the agreement contained provisions that were inconsistent with the Fair Work Act, such as provisions that required compulsory union membership. Additionally, the Commission needed to determine whether the agreement provided adequate protections for apprentices and if it complied with the relevant provisions of the Fair Work Act.

The Commission concluded that the agreement was not less favourable than the relevant award or registered agreement and was made in good faith. The Commission found that the agreement did not contain any provisions that were inconsistent with the Fair Work Act, and that it provided adequate protections for apprentices. The Commission also found that the agreement met the "better off overall" test and was in the national system. The Commission approved the agreement on the basis that it met all the relevant legal requirements.

The Fair Work Commission approved the Protech Personnel (VIC) Pty Ltd and ETU Enterprise Agreement (Apprentices) 2020 – 2024, effective from 1 July 2020. The agreement is to be registered with the Fair Work Commission and will apply to all apprentices employed by Protech Personnel (VIC) Pty Ltd. The Commission's decision provides clarity on the requirements for enterprise agreements and the protections that must be provided to apprentices. The decision also reinforces the importance of good faith bargaining and the need for agreements to be "better off overall" for employees.

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