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

[2013] FWCA 8431

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
(AG2013/10783)

SUNSTONE RESOURCES PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE GREENFIELDS AGREEMENT 2011 - 2014

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 25 OCTOBER 2013

Application for approval of the Sunstone Resources Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2011 - 2014.

[1] An application has been made for approval of an enterprise agreement known as the Sunstone Resources Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2011 - 2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Sunstone Resources Pty Ltd. The Agreement is a greenfields agreement.

[2] Subject to concerns that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from Sunstone Resources Pty Ltd. In accordance with s.191(1) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings are attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 November 2013. The nominal expiry date of the Agreement is 31 December 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Sunstone Resources Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2011-2014. The dispute arose as the applicant union was seeking to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The application was heard in the Fair Work Commission, a tribunal with specific jurisdiction in employment and workplace relations matters.

The central legal issue before the court was whether the agreement in question complied with the requirements set out in the Fair Work Act for it to be approved and registered. Specifically, the court needed to determine if the agreement satisfied the formal requirements for registration, such as whether it was in writing, signed by the necessary parties, and contained all the prescribed terms. Additionally, the court examined whether the agreement was made in good faith and whether it adhered to the provisions of the Act concerning employee representation and bargaining.

In considering the application, the court examined the content and structure of the agreement, assessing its compliance with the statutory requirements. The court found that the agreement was duly signed and contained all the necessary prescribed terms. Furthermore, the court was satisfied that the agreement was made in good faith and that the process of bargaining was conducted appropriately. Given these findings, the court determined that the agreement met the criteria for registration under the Fair Work Act.

The Fair Work Commission approved the application, and the Sunstone Resources Pty Ltd and ETU Victorian Rail Infrastructure Greenfields Agreement 2011-2014 was registered as a lawful agreement. The court's decision affirmed the agreement's validity and recognised it as a binding contract between the parties involved, thereby ensuring the terms of the agreement would be enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established