DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4926)

CEPU TASMANIAN OFFICE ADMINISTRATION STAFF AGREEMENT 2019 - 2022

Clerical industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 JANUARY 2020

Application for approval of the CEPU Tasmanian Office Administration Staff Agreement 2019 - 2022

[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 CEPU Tasmanian Office Administration Staff Agreement 2019 - 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

[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 15 January 2020 and, in accordance with s 54, will operate from 22 January 2020. The nominal expiry date of the Agreement is 1 March 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the CEPU Tasmanian Office Administration Staff Agreement 2019 - 2022. The application was brought under the Fair Work Act 2009, which governs the approval of certain enterprise agreements. The parties were the union representing the employees and the employer, who were seeking to formalise the terms and conditions of employment for the administrative staff in their Tasmanian office over the specified period.

The legal issues the court had to determine centred on whether the agreement met the legislative requirements for approval. Specifically, the court had to ascertain whether the agreement was genuinely an enterprise agreement, whether it was made in good faith, and whether it complied with the procedural requirements of the Act. Furthermore, the court needed to ensure that the agreement did not contain any terms that would have an adverse effect on employees' health and safety or would otherwise contravene the provisions of the National Employment Standards.

The court examined the application thoroughly and considered the submissions made by both parties. It found that the agreement was genuinely an enterprise agreement, had been made in good faith, and complied with the procedural requirements of the Fair Work Act. The court was satisfied that the agreement did not contain any terms that would adversely affect the health and safety of employees or contravene the National Employment Standards. Consequently, the court approved the agreement, recognising it as a legally binding enterprise agreement between the union and the employer for the specified period.

As a result of the court's approval, the CEPU Tasmanian Office Administration Staff Agreement 2019 - 2022 is now a binding document, setting out the terms and conditions of employment for the administrative staff within the union's Tasmanian office. The agreement will govern the employment relationship between the union, as the employer, and the employees during the agreed period, providing a framework for their working conditions and entitlements.

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