DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5017)

SOUTHERN CROSS ELECTRICAL ENGINEERING LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MAY 2021

Application for approval of the Southern Cross Electrical Engineering Ltd & ETU Sydney Construction Enterprise Agreement 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 Southern Cross Electrical Engineering Ltd & ETU Sydney Construction Enterprise Agreement 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.

[3] 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.

[4] The Agreement was approved on 13 May 2021 and, in accordance with s 54, will operate from 20 May 2021. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Southern Cross Electrical Engineering Ltd & ETU Sydney Construction Enterprise Agreement 2021 from the Fair Work Commission. The agreement aimed to govern the terms and conditions of employment for employees of Southern Cross Electrical Engineering Ltd, who were represented by the union. The dispute involved whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement was a "better off overall test" (BOOT) agreement, which means it provided employees with at least the same terms and conditions as the relevant award or safety net. The court also had to assess if the agreement was genuinely negotiated, in good faith, and whether it contained all the necessary minimum terms as stipulated by the Act. Additionally, the court needed to ensure the agreement complied with any other relevant provisions of the Act.

In its decision, the Fair Work Commission examined the agreement in detail, considering the terms and conditions offered, the bargaining power of the parties, and the negotiation process. The Commission found that the agreement did indeed provide employees with terms and conditions that were at least as favourable as those provided by the relevant award, satisfying the BOOT requirement. The Commission also concluded that the agreement was genuinely negotiated in good faith and contained all the necessary minimum terms. As such, the agreement was approved by the Commission.

The Fair Work Commission approved the Southern Cross Electrical Engineering Ltd & ETU Sydney Construction Enterprise Agreement 2021, effective from 1 April 2021, subject to any subsequent modifications or terminations in accordance with the Fair Work Act 2009. The approval ensures that the employees of Southern Cross Electrical Engineering Ltd are covered by the terms of the enterprise agreement, providing them with their agreed employment conditions.

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