DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5234)

ALL POINTS SOLUTIONS AND ETU ENTERPRISE AGREEMENT 2018 - 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MAY 2021

Application for approval of the All Points Solutions and ETU Enterprise 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 the All Points Solutions and ETU Enterprise Agreement 2018 - 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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. Subject to these undertakings, and 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, 188 and 190 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), I note that the Agreement covers the organisation.

[4] The Agreement was approved on 31 May 2021 and, in accordance with s 54, will operate from 7 June 2021. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE511666 PR730297>
Annexure A

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the All Points Solutions and ETU Enterprise Agreement 2018 - 2021 from the Fair Work Commission. The application was contested by the Australian Chamber of Commerce and Industry, who argued that the agreement did not meet the statutory requirements for approval. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issue before the Commission was whether the agreement provided for the mandatory matters set out in section 234 of the Act, and whether it was in the best interests of the employees covered by the agreement. The Commission found that the agreement did provide for the mandatory matters and that it was in the best interests of the employees. The Commission noted that the agreement provided for a range of benefits, including pay rates, leave entitlements, and other conditions of employment. The Commission also found that the agreement was the product of genuine bargaining between the parties and that it was not contrary to the public interest.

The Fair Work Commission approved the All Points Solutions and ETU Enterprise Agreement 2018 - 2021. The Commission found that the agreement provided for the mandatory matters and that it was in the best interests of the employees. The Commission also found that the agreement was the product of genuine bargaining and that it was not contrary to the public interest. The Commission approved the agreement on the basis that it met the statutory requirements for approval and was in the best interests of the employees.

The Fair Work Commission approved the All Points Solutions and ETU Enterprise Agreement 2018 - 2021. The agreement is now registered and will apply to employees covered by the agreement from 1 July 2018 to 30 June 2021. The approval of the agreement is a significant outcome for the parties involved and provides certainty and stability for the employees covered by 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