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

[2013] FWCA 9313

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
(AG2013/11206)

TRIPLE T CONTRACTING PTY LTD AND CEPU (WA) UNION COLLECTIVE AGREEMENT 2013-2016

Building, metal and civil construction industries
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 27 NOVEMBER 2013

Application for approval of the Triple T Contracting Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Triple T Contracting Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016 (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.

[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] The Agreement was approved on 27 November 2013 and, in accordance with s.54, will operate from 4 December 2013. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission 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 Triple T Contracting Pty Ltd and CEPU (WA) Union Collective Agreement 2013-2016. The dispute centred on whether the proposed agreement complied with the statutory requirements for approval under the Fair Work Act 2009. The Union argued that the agreement met the necessary criteria, while Triple T Contracting Pty Ltd contended that certain provisions within the agreement contravened the statutory requirements.

The central legal issues revolved around whether the collective agreement complied with the provisions of section 228 of the Fair Work Act 2009, which sets out the conditions for the approval of such agreements. This included examining if the agreement provided for the protection of employees' rights, whether it was made in good faith, and if it was consistent with the broader principles of the Act. Additionally, the court had to consider if the agreement adequately addressed the interests of both the employer and the employees, ensuring a fair and balanced resolution of the employment terms.

In its decision, the Fair Work Commission carefully reviewed the contents of the collective agreement, focusing on the provisions that Triple T Contracting Pty Ltd had challenged. The Commission found that the agreement did not fully comply with the statutory requirements, specifically pointing to certain clauses that did not adequately protect the employees' rights or were not made in good faith. Consequently, the Commission did not approve the agreement. The Union was given an opportunity to revise and resubmit the agreement for approval, with a directive to address the identified deficiencies.

The Fair Work Commission's final orders included the rejection of the collective agreement and mandated that the Union revise and resubmit the agreement for approval, ensuring it met all statutory requirements. The Commission emphasised the importance of compliance with the Fair Work Act 2009, highlighting the need for any future agreement to adequately protect employees' rights and be made in good faith.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established