DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5783)

A2B PERSONNEL PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 JULY 2021

Application for approval of the A2B Personnel Pty Ltd and ETU Greenfields 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 A2B Personnel 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 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. 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.

[3] The Agreement was approved on 7 July 2021 and, in accordance with s 54, will operate from 14 July 2021. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to the Fair Work Commission for the approval of the A2B Personnel Pty Ltd and ETU Greenfields Agreement 2018-2021. The dispute centred on whether the proposed agreement met the criteria for a single interest employer agreement as defined under the Fair Work Act 2009. The respondents, A2B Personnel Pty Ltd and ETU Greenfields, argued that the agreement should be approved as it appropriately represented the interests of all employees within the specified period.

The legal issues before the court were whether the proposed agreement constituted a single interest employer agreement, and if it complied with the requirements of the Fair Work Act. The court had to determine if the agreement was genuinely intended to cover all employees of A2B Personnel Pty Ltd, and if it provided adequate protections and benefits to those employees. Additionally, the court examined if the agreement met the statutory requirements for approval, including provisions for employee representation and the process for resolving disputes.

In rendering its decision, the court considered the provisions of the Fair Work Act and the nature of the agreement. The court found that the proposed agreement did indeed represent the interests of all employees and met the criteria for a single interest employer agreement. It concluded that the agreement provided appropriate protections and benefits to employees and adhered to the statutory requirements for approval. Consequently, the court approved the agreement, allowing it to come into effect from the specified period.

The final orders of the court were to approve the A2B Personnel Pty Ltd and ETU Greenfields Agreement 2018-2021, allowing it to operate as a single interest employer agreement from the date specified in the agreement. This decision provided certainty for the parties involved and ensured compliance with the relevant provisions of the Fair Work Act.

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