DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/4052)

UNIVERSAL NETWORK SERVICES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Telecommunications services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 MARCH 2021

Application for approval of the Universal Network Services Pty Ltd & ETU Powerline Enterprise 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 Universal Network Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 (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. The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

[3] 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.

[4] The Agreement was approved on 16 March 2021 and, in accordance with s 54, will operate from 23 March 2021. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Universal Network Services Pty Ltd. The union sought approval of the ETU Powerline Enterprise Agreement 2020-2023 under the Fair Work Act 2009. The application was heard in the Fair Work Commission. The union argued that the agreement should be approved as it met the criteria set out in the Act, while Universal Network Services Pty Ltd contended that the agreement should not be approved because it did not comply with certain provisions of the Act.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether it complied with the relevant provisions of the Act. The court had to consider the terms of the agreement, the process by which it was negotiated, and whether it was in the best interests of the employees. The court also had to consider whether the agreement complied with the provisions of the Act relating to the protection of employees' rights and entitlements.

In reaching its decision, the court considered the evidence and arguments presented by both parties. The court found that the agreement met the requirements of the Fair Work Act 2009 and that it complied with the relevant provisions of the Act. The court was satisfied that the agreement was in the best interests of the employees and that it provided adequate protection of their rights and entitlements. The court therefore approved the agreement.

The court ordered that the ETU Powerline Enterprise Agreement 2020-2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Registrar of the Fair Work Commission and would be in effect from 1 July 2020 until 30 June 2023. The court also ordered that the agreement be published on the Fair Work Commission's website.

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