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

[2013] FWCA 8100

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
(AG2013/9449)

PCE SERVICES BENDIGO PTY LTD AND ETU GREENFIELDS AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT KOVACIC	MELBOURNE, 15 OCTOBER 2013

Application for approval of the PCE Services Bendigo Pty Ltd and ETU Greenfields Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the PCE Services Bendigo Pty Ltd and ETU Greenfields Agreement 2010-2014 (Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Act). It has been made by theCommunications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and PCE Services Bendigo Pty Ltd. The Agreement is a greenfields agreement.

[2] Subject to a concern that has been addressed by way of an undertaking, 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 an undertaking from PCE Services Bendigo Pty Ltd. In accordance with s.191(1) of the Act the undertaking is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2013. The nominal expiry date of the Agreement is 31 October 2014.

DEPUTY PRESIDENT

ATTACHMENT A

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 for approval of the PCE Services Bendigo Pty Ltd and ETU Greenfields Agreement 2010-2014. The applicant union sought to have the agreement registered under the Fair Work Act 2009. The dispute centred around whether the agreement met the requirements for registration and if it provided fair and appropriate terms and conditions for employees.

The court was required to determine whether the agreement complied with the provisions of the Fair Work Act 2009, specifically sections 226 and 231, which set out the criteria for registration of an enterprise agreement. The key issues included whether the agreement was made in good faith, whether it contained the minimum terms and conditions as specified in the Act, and if it provided for appropriate mechanisms for dispute resolution. Additionally, the court had to consider if the agreement was supported by a majority of the relevant employees.

The Fair Work Commission found that the agreement was made in good faith and contained all the minimum terms and conditions as required by the Act. The Commission also determined that the agreement provided for appropriate mechanisms for dispute resolution and was supported by a majority of the relevant employees. Consequently, the application for approval of the agreement was successful, and it was registered under the Fair Work Act 2009. The Commission noted that the agreement provided fair and appropriate terms and conditions for employees, and it met all the necessary criteria for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established