DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/299)

ENERMECH PTY LIMITED AND ETU MELBOURNE METRO TUNNEL GREENFIELDS AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 FEBRUARY 2021

Application for approval of the EnerMech Pty Limited and ETU Melbourne Metro Tunnel Greenfields 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 a greenfields agreement known as the EnerMech Pty Limited and ETU Melbourne Metro Tunnel Greenfields Agreement 2020-2023 (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 17 February 2021 and, in accordance with s 54, will operate from 24 February 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and EnerMech Pty Limited, with the Court hearing an application for approval of an agreement between the parties. The application was brought before the Fair Work Commission, a tribunal with jurisdiction over workplace relations matters in Australia. The agreement in question, the EnerMech Pty Limited and ETU Melbourne Metro Tunnel Greenfields Agreement 2020-2023, sought to establish terms and conditions of employment for workers in the Melbourne Metro Tunnel Greenfields project.

The primary legal issue before the Court was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its compliance with the provisions regarding good faith bargaining and the avoidance of industrial action. The Court needed to determine if the agreement was fairly negotiated and if it provided a reasonable basis for avoiding industrial action. Additionally, the Court had to assess whether the agreement met the standards for a modern award and if it was in the best interests of the employees and employers.

In its decision, the Court found that the agreement was fairly negotiated and met the standards set out in the Fair Work Act. The Court noted that the agreement contained provisions that addressed key issues such as wages, hours of work, and other conditions of employment. The Court was satisfied that the agreement provided a reasonable basis for avoiding industrial action and that it met the requirements of a modern award. Furthermore, the Court determined that the agreement was in the best interests of both the employees and employers, as it provided for a stable and predictable working environment.

The Court approved the agreement, allowing it to come into effect and govern the employment terms of the workers involved in the Melbourne Metro Tunnel Greenfields project. The approval was contingent upon the agreement being implemented in good faith by both parties.

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