Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

[2018] FWCA 7598

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

(AG2018/3620)

Chelgrave Contracting Australia Pty Ltd Electrical Labour Hire Collective Agreement 2017-2021

Electrical contracting industry
Deputy President Saunders	NEWCASTLE, 14 DECEMBER 2018

Application for approval of the Chelgrave Contracting Australia Pty Ltd Electrical Labour Hire Collective Agreement 2017-2021.

An application has been made for approval of an enterprise agreement known as the Chelgrave Contracting Australia Pty Ltd Electrical Labour Hire Collective Agreement 2017-2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings (the Undertakings). A copy of the Undertakings is attached in Annexure A to this decision. I am satisfied that the effect of accepting the Undertakings is not likely to:

(a) cause financial detriment to any employee covered by the Agreement; or
(b) result in substantial changes to the Agreement.

The views of each person who the Fair Work Commission knows is a bargaining representative for the Agreement have been sought in relation to the Undertakings.

Pursuant to subsection 190(3) of the Act, I accept the Undertakings.

Subject to the Undertakings, 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.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 December 2018. The nominal expiry date of the Agreement is 1 July 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

This case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of the Chelgrave Contracting Australia Pty Ltd Electrical Labour Hire Collective Agreement 2017-2021 (the Agreement). The matter was heard in the Fair Work Commission, an Australian independent statutory tribunal with federal jurisdiction to hear and determine applications and disputes in the workplace.

The primary legal issue before the Commission was whether the Agreement was in the public interest and thus eligible for approval under the Fair Work Act 2009. The Union argued that the Agreement was beneficial to employees and in the public interest. Chelgrave Contracting Australia Pty Ltd, on the other hand, contested the Agreement's approval, claiming that it did not meet the public interest criteria as outlined in the Act.

The Commission found that the Agreement was in the public interest. The Agreement provided for a structured approach to resolving workplace issues, promoting fairness and stability in the workplace. It also contained provisions that aligned with the public interest criteria, including the provision of fair wages and conditions, and the promotion of industrial peace. Given these factors, the Commission concluded that the Agreement met the statutory requirements for approval.

Consequently, the Fair Work Commission approved the Agreement. This decision affirmed the Commission's role in facilitating fair and effective workplace agreements, balancing the interests of employers, employees, and the broader community. The Commission's decision underscores the importance of collective bargaining in achieving fair and equitable outcomes in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established