DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5454)

CABLE SOLUTIONS & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JUNE 2021

Application for approval of the Cable Solutions & ETU Powerline Enterprise Agreement 2020-2023.

[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 Cable Solutions & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 22 June 2021 and, in accordance with s 54, will operate from 29 June 2021. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Cable Solutions & ETU Powerline Enterprise Agreement 2020-2023. The union argued that the agreement met the requirements of the Fair Work Act 2009 and should be approved. The applicant was represented by counsel, and the respondent, Cable Solutions, was represented by its legal team.

The primary legal issues the court had to address were whether the enterprise agreement complied with the statutory provisions outlined in the Fair Work Act 2009, specifically sections 228 and 230. The court needed to determine if the agreement was made in good faith and if it contained the necessary minimum terms and conditions as stipulated by the Act. Additionally, the court examined if the agreement met the criteria for being a single-enterprise agreement and if it was made in accordance with the bargaining procedures outlined in the legislation.

The Fair Work Commission, after reviewing the submissions and evidence provided, found that the enterprise agreement was made in good faith and contained all the minimum terms and conditions required by the Fair Work Act 2009. The court noted that the agreement was a single-enterprise agreement and had been negotiated in compliance with the bargaining procedures. Consequently, the Commission approved the Cable Solutions & ETU Powerline Enterprise Agreement 2020-2023, deeming it to be a valid and enforceable agreement between the union and Cable Solutions.

In light of the findings, the Fair Work Commission ordered that the Cable Solutions & ETU Powerline Enterprise Agreement 2020-2023 be approved and registered with the Fair Work Ombudsman. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable between the union and the employer.

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