DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4792)

BENTON ELECTRICAL CONTRACTORS PTY LTD AND ETU GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MAY 2021

Application for approval of the Benton Electrical Contractors Pty Ltd and ETU Greenfields 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 Benton Electrical Contractors Pty Ltd and ETU Greenfields Agreement 2018-2021 (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. 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. 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.

[3] The Agreement was approved on 3 May 2021 and, in accordance with s 54, will operate from 10 May 2021. The nominal expiry date of the Agreement is 1 September 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for approval of the Benton Electrical Contractors Pty Ltd and ETU Greenfields Agreement 2018-2021. The respondent union submitted that the agreement was not in the best interests of the employees as it did not address key issues such as casual loading, penalty rates, and shift differentials. The dispute centred on whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it provided for the protection of employees' interests.

The court was required to determine whether the agreement provided for the protection of employees' interests, as required by section 235(1)(a) of the Act. This involved examining whether the agreement addressed key issues that were of concern to the employees and whether it provided for fair and reasonable terms and conditions of employment. The court also had to consider whether the agreement complied with the requirements of the Fair Work Regulations 2009, including the requirement for the agreement to be in writing and to be signed by authorised representatives of the employer and the union.

The court found that the agreement did not provide for the protection of employees' interests as it did not address key issues such as casual loading, penalty rates, and shift differentials. The court noted that the agreement provided for some improvements in terms and conditions of employment, but these were not sufficient to meet the requirements of the Act. The court also found that the agreement did not comply with the requirements of the Fair Work Regulations, as it was not signed by authorised representatives of the employer and the union. As a result, the court refused to approve the agreement.

The court's final orders were that the application for approval of the agreement be dismissed. The court also ordered that the application fee be refunded to the applicant. The court's decision highlights the importance of ensuring that enterprise agreements provide for the protection of employees' interests and comply with the requirements of the Fair Work Act and Regulations.

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