DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5316)

SOUTHERN CRANES (METROPOL) PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JUNE 2021

Application for approval of the Southern Cranes (Metropol) Pty Ltd & 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 Southern Cranes (Metropol) Pty Ltd & 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 10 June 2021 and, in accordance with s 54, will operate from 17 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 application before the Fair Work Commission was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of the Southern Cranes (Metropol) Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023. The dispute centred on whether the terms and conditions outlined in the enterprise agreement were fair and reasonable, and in compliance with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement should be approved, rejected, or sent back for amendments.

The legal issues that the Commission had to resolve included whether the agreement met the criteria for "better off overall" as required by section 231 of the Fair Work Act, and whether it complied with the relevant provisions of the National Employment Standards. Additionally, the Commission had to consider whether any terms in the agreement unfairly disadvantaged any of the parties involved, and whether the agreement included provisions that were necessary for the proper operation of a business. The Commission also needed to assess whether the agreement was made in good faith and whether it was free from any coercion or undue influence.

The Commission carefully examined the contents of the enterprise agreement, taking into account the submissions and evidence provided by both the union and the employer. After thorough consideration, the Commission concluded that the agreement was fair and reasonable, and it met the statutory requirements set out in the Fair Work Act. The Commission found that the agreement provided for a fair and reasonable outcome for all employees and did not contain any provisions that were unfair or unreasonable. Furthermore, the Commission determined that the agreement was made in good faith and was free from any coercion or undue influence. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Southern Cranes (Metropol) Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 be approved as a registered agreement, and that it would be registered by the Registrar of the Fair Work Commission. The approval of the agreement means that it will now be binding on all employees covered by the agreement and will provide the framework for the employment terms and conditions of those employees for the duration of the agreement.

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