DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/6083)

AXIS SERVICES GROUP WA PTY LTD AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2021-2023

Plumbing industry
DEPUTY PRESIDENT DEAN	CANBERRA, 19 JULY 2021

Application for approval of the Axis Services Group WA Pty Ltd and CEPU (WA) Union Collective Agreement 2021-2023.

[1] An application has been made for approval of an enterprise agreement known as the Axis Services Group WA Pty Ltd and CEPU (WA) Union Collective Agreement 2021-2023 (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 (CEPU). The Agreement is a single enterprise agreement.

[2] The application was not lodged within 14 days after the agreement was made. The CEPU has provided an explanation for the delay and requested an extension of time. Pursuant to s.185(3)(b) of the Act, I consider it fair to extend the time for making the application to the date it was actually made.

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

[4] The CEPU, being a bargaining representative for the Agreement, has given notices 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 26 July 2021. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Axis Services Group WA Pty Ltd. The union sought approval for a collective agreement that would govern the employment terms of its members in the specified period. The application was made under the Fair Work Act 2009, and the union argued that the agreement met the 'better off overall test' as it provided for improved wages and conditions compared to the previous agreement.

The primary legal issue for the commission to determine was whether the proposed agreement satisfied the 'better off overall test' as stipulated in section 235 of the Fair Work Act. This required an assessment of whether the agreement would provide a net benefit to the employees covered by it, compared to their existing conditions. The commission had to consider various factors, including the financial implications for employees, the potential impact on employment conditions, and whether the agreement was made in good faith and without coercion.

In reaching its decision, the commission carefully examined the proposed terms of the agreement, taking into account the submissions from both the union and the employer. The commission noted that the agreement provided for wage increases and improved working conditions, which were deemed to be beneficial to the employees. The commission also considered the employer's capacity to meet the financial obligations under the new agreement. After thorough analysis, the commission concluded that the proposed agreement did indeed satisfy the 'better off overall test' and approved the collective agreement.

Consequently, the Fair Work Commission approved the Axis Services Group WA Pty Ltd and CEPU (WA) Union Collective Agreement 2021-2023. The commission's decision was based on the finding that the agreement met the necessary criteria under the Fair Work Act, providing a net benefit to the employees. The approved agreement would now govern the employment terms of the union members for the specified period, ensuring that both the union and the employer's interests were adequately protected.

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