DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5575)

REGULATE ELECTRICAL AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 JUNE 2021

Application for approval of the Regulate Electrical 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 Regulate Electrical 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 25 June 2021 and, in accordance with s 54, will operate from 2 July 2021. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511971 PR731061>
Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a workplace agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and ETU Greenfields. The application was brought before the Fair Work Commission, specifically the Full Bench, under the Fair Work Act 2009. The crux of the dispute lay in whether the proposed agreement met the statutory requirements for being a registered agreement, particularly under section 179 of the Act.

The legal issues that the court needed to address were whether the agreement provided for fair and reasonable terms and conditions for the employees, whether it was genuinely negotiated between the parties, and if it complied with all the procedural requirements set forth by the legislation. Key points of contention included the fairness of the wages and conditions outlined in the agreement, the manner in which negotiations were conducted, and whether the agreement adequately represented the interests of the employees.

The court examined the details of the agreement, including the negotiation process and the content of the agreement itself. It considered submissions from both parties and assessed whether the agreement met the statutory criteria for approval. The court found that the agreement was fairly negotiated and that the terms and conditions were reasonable. It further determined that the agreement complied with all procedural requirements and was in the best interest of the employees. Consequently, the court approved the application for the agreement to be registered.

The court's approval of the agreement means that it will now be a registered workplace agreement, binding on the parties and enforceable under the Fair Work Act. This decision affirms the validity of the agreement and allows it to take effect as intended by the parties.

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