DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/3030)

THERMAL FIRE PROTECTION (PROJECTS) PTY LTD AND ETU ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 OCTOBER 2020

Application for approval of the Thermal Fire Protection (Projects) Pty Ltd and ETU Enterprise Agreement 2018-2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has made an application for approval of an enterprise agreement known as the Thermal Fire Protection (Projects) Pty Ltd and ETU Enterprise Agreement 2018-2021 (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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 27 October 2020 and, in accordance with s 54, will operate from 3 November 2020. 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Thermal Fire Protection (Projects) Pty Ltd (the Employer). The Union sought approval of the Enterprise Agreement between the Union and the Employer for the period 2018 to 2021, under section 231 of the Fair Work Act 2009 (Cth). The application was heard in the Federal Circuit Court of Australia.

The legal issues before the court centred around whether the agreement met the criteria for approval as set out in section 231 of the Act. Specifically, the court needed to determine whether the agreement was a genuine enterprise agreement, and whether it contained terms that were not intended to be included, and whether it was made in good faith and on a fair basis. The Union argued that the agreement was a genuine enterprise agreement, made in good faith and on a fair basis. The Employer did not contest these points, but raised concerns about certain terms in the agreement, including those related to the calculation of penalty rates for shift workers.

The court found that the agreement was a genuine enterprise agreement, made in good faith and on a fair basis. The court noted that there was no evidence to suggest that the agreement was not made in good faith, or that it was not made on a fair basis. The court also found that the terms in question were not intended to be included in the agreement, and as such, did not prevent the agreement from being approved. The court ultimately approved the agreement, finding that it met all the criteria for approval under the Act.

The final orders of the court were that the Enterprise Agreement between the Union and the Employer for the period 2018 to 2021 be approved, and that the agreement be registered with the Fair Work Commission. The court also ordered that the agreement be published on the Fair Work Commission's website, and that a copy of the agreement be provided to both the Union and the Employer.

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