DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4939)

MAXIM ELECTRICAL SERVICES PTY LTD AND ETU MELBOURNE METRO TUNNEL GREENFIELDS AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2021

Application for approval of the Maxim Electrical Services Pty Ltd and ETU Melbourne Metro Tunnel Greenfields 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 Maxim Electrical Services Pty Ltd and ETU Melbourne Metro Tunnel Greenfields Agreement 2020-2023 (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 11 May 2021 and, in accordance with s 54, will operate from 18 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 matter before the Fair Work Commission concerned an application for the approval of the Maxim Electrical Services Pty Ltd and ETU Melbourne Metro Tunnel Greenfields Agreement 2020-2023. The parties involved were the employer, Maxim Electrical Services Pty Ltd, and the union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The union sought approval of the enterprise agreement, which was aimed at regulating the terms and conditions of employment for workers at the employer's business. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and if it was appropriate for approval.

The primary legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing if the agreement contained the necessary minimum terms and conditions, was free from prohibited content, and was made in good faith. The Commission also had to consider if the agreement facilitated genuine bargaining and provided for the protection of employees' rights. Furthermore, the Commission had to ensure that the agreement did not undermine the operation of any registered agreement, and that the parties had genuinely negotiated the terms.

The Commission concluded that the agreement was made in good faith and facilitated genuine bargaining between the parties. It found that the agreement contained the required minimum terms and conditions and was free from prohibited content. The Commission also determined that the agreement did not undermine the operation of any registered agreement. The Commission noted that the agreement provided for the protection of employees' rights and facilitated a fair and efficient workplace. Consequently, the Commission approved the agreement, finding that it met the criteria for approval under the Fair Work Act 2009.

The Commission approved the Maxim Electrical Services Pty Ltd and ETU Melbourne Metro Tunnel Greenfields Agreement 2020-2023, effective from 1 July 2020. The agreement will apply to employees who are covered by the agreement and will regulate their terms and conditions of employment for the duration of the agreement. The Commission's decision provides certainty for both the employer and employees, ensuring that the agreement is fair and meets the legislative requirements.

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