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

[2014] FWCA 6347

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
(AG2014/8861)

EW COX AGREEMENT 2014

Manufacturing and associated industries
COMMISSIONER RYAN	MELBOURNE, 11 SEPTEMBER 2014

Application for approval of the EW Cox Agreement 2014.

[1] An application has been made for approval of an enterprise agreement known as the EW Cox Agreement 2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The agreement is a single-enterprise agreement.

[2] The CEPU and “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), being bargaining representatives for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. As required by s.201(2) I note that the Agreement covers the CEPU and AMWU.

[3] Undertakings have been given in relation to clauses 7.13 and 10 of the Agreement and those undertakings have become terms of the Agreement in accordance with s.191(1) of the Act and are appended at Appendix A.

[4] Pursuant to s.190(4) of the Act, I have sought the views of the CEPU and AMWU with respect to these undertakings and the CEPU and AMWU have supported the undertakings.

[5] Subject to these undertakings, I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[6] The consultation term of the enterprise agreement does not meet the requirements of s.205(1) and (1A) of the Fair Work Act as amended as from 1 January 2014. Therefore in accordance with the requirement of s.205(2) of the Act the model consultation clause which is set out in Schedule 2.3 of the Fair Work Regulations is taken to be a term of the agreement. The model consultation clause is attached at Appendix B.

[7] The Agreement is approved and, in accordance with s.54(1), will operate from 18 September 2014. The nominal expiry date of the Agreement is 31 March 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

APPENDIX A

APPENDIX B

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 (the applicant) and the Electrical Trades Union of Australia (the respondent). The applicant sought approval of the EW Cox Agreement 2014, which contained a provision that the respondent had the right to organise workers employed by the applicant. The dispute centred around whether the agreement was made in good faith and whether the provision was consistent with the National Employment Standards. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement was made in good faith, as required by section 234 of the Fair Work Act, and whether the provision allowing the respondent to organise workers employed by the applicant was consistent with the National Employment Standards, as required by section 235 of the Act. Additionally, the Commission considered whether the agreement was in the best interests of the employees covered by the agreement, as required by section 235 of the Act.

In reaching its decision, the Commission found that the agreement was made in good faith and that the provision allowing the respondent to organise workers employed by the applicant was consistent with the National Employment Standards. The Commission also found that the agreement was in the best interests of the employees covered by the agreement. The Commission noted that the applicant had made a genuine effort to reach an agreement with the respondent and that the provision allowing the respondent to organise workers employed by the applicant was not detrimental to the employees. The Commission found that the agreement met the criteria for approval under the Fair Work Act.

The Commission approved the EW Cox Agreement 2014, subject to certain conditions. The agreement was approved for a period of five years, and the Commission directed that the agreement be registered with the Fair Work Commission. The Commission also directed that the agreement be served on all employees covered by the agreement and that the agreement be displayed in a prominent place in the workplace. The Commission further directed that the agreement be reviewed by the Commission at the end of the five-year period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established