DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/302)

GTE HUMAN RESOURCE SOLUTIONS AUSTRALIA PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE GREENFIELDS AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 FEBRUARY 2021

Application for approval of the GTE Human Resource Solutions Australia Pty Ltd and ETU Victorian Rail Infrastructure 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 a greenfields agreement known as the GTE Human Resource Solutions Australia Pty Ltd and ETU Victorian Rail Infrastructure 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)(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 24 February 2021 and, in accordance with s 54, will operate from 3 March 2021. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and GTE Human Resource Solutions Australia Pty Ltd. The application was brought under section 174 of the Fair Work Act 2009. The primary dispute was whether the agreement met the legal requirements for approval as a certified agreement under the Act.

The central legal issues revolved around whether the agreement had been made in accordance with the processes outlined in the Fair Work Act, and whether it contained the necessary provisions to be considered a lawful and fair enterprise agreement. Specifically, the court had to determine if the agreement was made genuinely without pressure or coercion, if it was fairly negotiated, and if it contained the minimum terms and conditions as prescribed by the Act.

The court examined the process by which the agreement was made, confirming that the union and employer had followed the necessary steps as per the Act. The court also considered the content of the agreement to ensure it covered all the mandatory topics and contained minimum terms and conditions. Upon reviewing the evidence and submissions, the court was satisfied that the agreement was made fairly and genuinely, and it contained all necessary provisions. The court approved the agreement, finding it to meet the statutory requirements for a certified 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