DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/1947)

CBI-ELECTRIC AUSTRALIA ENTERPRISE AGREEMENT 2020

Technical services
COMMISSIONER CIRKOVIC	MELBOURNE, 28 JULY 2020

Application for approval of the CBI-electric Australia Enterprise Agreement 2020.

[1] An application has been made for approval of an enterprise agreement known as the CBI-Electric Australia Enterprise Agreement 2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] The Agreement was approved on 28 July 2020 and, in accordance with s.54, will operate from 4 August 2020. The nominal expiry date of the Agreement is 30 June 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and CBI-electric Australia. The union sought approval for the Enterprise Agreement 2020. The dispute centred on whether the agreement met the necessary requirements for endorsement under Australian labour law.

The central legal issues revolved around whether the agreement provided fair and reasonable terms for employees, including adequate remuneration, working conditions, and procedural fairness in the workplace. Additionally, the court examined whether the agreement complied with the Fair Work Act 2009, ensuring it did not undermine the principles of industrial conciliation and arbitration.

The Fair Work Commission evaluated the agreement based on statutory criteria, including fairness, efficiency, and flexibility. The Commission found that the agreement adequately covered the essential terms and conditions of employment, provided a reasonable balance of rights and obligations, and did not contain any provisions that would undermine the employees' rights or the overall fairness in the workplace. Consequently, the Commission approved the agreement, recognising its compliance with the necessary legislative standards.

The final orders of the Fair Work Commission were to approve the Enterprise Agreement 2020, effective from the date of the decision. This approval formalised the agreement between the union and the employer, providing a legally binding framework for the employment terms of the employees covered by the 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