DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4236)

LAI SWITCHBOARDS AUSTRALIA (VIC) ENTERPRISE AGREEMENT 2021

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MARCH 2021

Application for approval of the Lai Switchboards Australia (VIC) 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 Lai Switchboards Australia (VIC) Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval has been met.

[3] Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 30 March 2021 and, in accordance with s 54, will operate from 6 April 2021. The nominal expiry date of the Agreement is 12 April 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Lai Switchboards Australia (VIC) Pty Ltd (the Employer). The Union sought approval for the Lai Switchboards Australia (VIC) Enterprise Agreement 2021 (the Agreement). The dispute was heard in the Fair Work Commission (the Commission).

The primary legal issue before the Commission was whether the Agreement met the statutory requirements for approval under the Fair Work Act 2009. The Union needed to demonstrate that the Agreement contained the necessary minimum terms and conditions, and that the process leading to its formation was compliant with the Act. The Commission also considered whether the Agreement would have a detrimental effect on the financial viability of the Employer, and whether the Agreement provided for genuine bargaining between the parties.

The Commission found that the Agreement met all the statutory requirements for approval. It was satisfied that the Agreement contained the minimum terms and conditions, and that the bargaining process was genuine. The Commission considered the financial viability of the Employer and concluded that the Agreement would not have a detrimental effect on the Employer. The Union had provided evidence of the bargaining process, including the dates and locations of meetings, and the attendance of relevant representatives. The Commission was satisfied that the Union had made a genuine effort to bargain with the Employer. The Commission approved the Agreement, finding that it met the requirements of the Fair Work Act 2009.

The Commission ordered that the Lai Switchboards Australia (VIC) Enterprise Agreement 2021 be approved as a registered agreement under section 173 of the Fair Work Act 2009. The Agreement was to be registered from the date of the Commission's decision and would remain in force until the earlier of the Agreement's expiry or termination in accordance with its terms. The Commission also ordered that the Union and the Employer comply with their obligations under the Fair Work Act 2009 and 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