DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4737)

NEW EDGE GROUP AUSTRALIA PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 APRIL 2021

Application for approval of the New Edge Group Australia Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020.

[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 New Edge Group Australia Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020 (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)(a) 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. I am also satisfied 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 28 April 2021 and, in accordance with s 54, will operate from 5 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 involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the New Edge Group Australia Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 for being a "better off overall test" (BOOT) agreement, ensuring that employees are no worse off and at least some employees are better off overall.

The legal issues that the Fair Work Commission was required to address included determining whether the proposed agreement provided for terms and conditions that were no worse off and at least some employees better off overall than what was provided for under the relevant awards. The Commission also needed to consider if the agreement contained minimum workplace arrangements and if it adhered to the provisions of the Fair Work Act.

The Fair Work Commission, after considering the submissions from both parties, concluded that the New Edge Group Australia Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020 satisfied the better off overall test. The agreement provided for terms and conditions that were no worse off and at least some employees better off overall than what was provided for under the relevant awards. The Commission found that the agreement included minimum workplace arrangements and complied with the requirements of the Fair Work Act. Therefore, the Commission approved the application for the agreement.

The Fair Work Commission ordered the approval of the New Edge Group Australia Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020, effective from the date of the decision. The agreement was to apply to the employees covered by the agreement, and the parties were directed to take all necessary steps to give effect to the approved 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