DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2019/4409)

BEECH POWER SERVICES PTY LTD T/A CBM RESOURCES & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the Beech Power Services Pty Ltd T/A CBM Resources & ETU Powerline Enterprise Agreement 2016-2020.

[1] 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 Beech Power Services Pty Ltd T/A CBM Resources & ETU Powerline Enterprise Agreement 2016-2020 (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 statutory declaration, 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.

[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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 29 November 2019 and, in accordance with s 54, will operate from 6 December 2019. The nominal expiry date of the Agreement is 31 August 2020.

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 two companies, Beech Power Services Pty Ltd trading as CBM Resources and ETU Powerline. The union sought approval of an enterprise agreement between the companies and their employees. The decision was made by the Fair Work Commission. The legal issues at hand were whether the agreement met the requirements under the Fair Work Act 2009 for genuine agreement, and if it contained any unfair terms under the Australian Consumer Law. The court had to ensure that the agreement was not only made voluntarily by both parties but also that it was fair and reasonable in its terms.

The Fair Work Commission assessed the agreement based on the criteria set forth in the Fair Work Act and the Australian Consumer Law. The commission found that the agreement was genuinely negotiated and was therefore not in breach of the legal requirements. The terms of the agreement were considered fair and reasonable, and did not include any unfair terms that would contravene the Australian Consumer Law. The commission was satisfied that the process of negotiation and agreement was fair, with employees having a genuine opportunity to discuss and negotiate terms with their employers.

The Fair Work Commission approved the enterprise agreement between the union and the two companies. The agreement was found to meet all legal requirements, and no unfair terms were identified. The court's decision was based on the evidence presented that the agreement was genuinely negotiated and was fair and reasonable in its terms. The final orders of the commission were that the enterprise agreement be approved and registered under the Fair Work Act.

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