DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/242)

A2B PERSONNEL PTY LTD AND ETU GREENFIELDS AGREEMENT (APPRENTICES) 2020 – 2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 FEBRUARY 2021

Application for approval of the A2B Personnel Pty Ltd and ETU Greenfields Agreement (Apprentices) 2020-2024.

[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 A2B Personnel Pty Ltd and ETU Greenfields Agreement (Apprentices) 2020-2024 (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 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 CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 19 February 2021 and, in accordance with s 54, will operate from 26 February 2021. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT

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CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application for the approval of the A2B Personnel Pty Ltd and ETU Greenfields Agreement (Apprentices) 2020-2024. The dispute arose from a disagreement about the terms and conditions of apprenticeship agreements between the union and the employer. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement contained all the prescribed minimum terms and conditions, and if it met the standards for good faith bargaining and fairness. The Commission had to examine whether the agreement provided appropriate protections for apprentices, including minimum wages, reasonable working hours, and adequate training provisions. The employer argued that the agreement was fair and reasonable, while the union contended that it did not adequately protect the rights of apprentices.

The Commission assessed the agreement by considering the specific provisions of the Fair Work Act and relevant case law. It found that the agreement contained all the prescribed minimum terms and conditions and was the product of good faith bargaining. The Commission highlighted that the agreement provided for adequate wages, reasonable working hours, and appropriate training arrangements. The Commission concluded that the agreement was fair and reasonable and approved it accordingly.

The Commission approved the A2B Personnel Pty Ltd and ETU Greenfields Agreement (Apprentices) 2020-2024, effective from the date of the decision. This approval ensures that the agreement will be used as a basis for employment and industrial relations between the employer and apprentices, providing them with fair and reasonable terms and conditions of employment.

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