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

[2013] FWCA 7708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/10603)

CEPU ELECTRICAL DIVISIONAL OFFICE ADMINISTRATION STAFF AGREEMENT 2013-2016

Clerical industry
COMMISSIONER CARGILL	SYDNEY, 9 OCTOBER 2013

Application for approval of the CEPU Electrical Divisional Office Administration Staff Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the CEPU Electrical Divisional Office Administration Staff Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) 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 ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Branch of the Australian Municipal, Administrative, Clerical and Services Union (ASU) 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 is approved and, in accordance with s.54, will operate from 16 October 2013. The nominal expiry date is 1 July 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was called upon to approve an enterprise agreement between the union and the relevant employers. The agreement in question, the CEPU Electrical Divisional Office Administration Staff Agreement 2013-2016, was proposed for approval as a single interest employer agreement. The legal issues at the heart of this case revolved around whether the agreement met the criteria set forth in the Fair Work Act 2009 for single interest employer agreements and whether the union had demonstrated that the agreement had been fairly negotiated with the employers.

The commission undertook a thorough analysis of the agreement, considering the provisions and their compliance with the legislative framework. A significant aspect of the inquiry was the union's demonstration of fair negotiation, which is a requisite for the approval of such agreements. The union presented evidence to support the assertion that the agreement was negotiated in good faith with the employers, which was scrutinised by the commission. The commission also assessed whether the agreement adhered to the standards set for single interest employer agreements, including the provision of adequate protections for employees and compliance with the public interest considerations.

After careful consideration, the Fair Work Commission determined that the CEPU Electrical Divisional Office Administration Staff Agreement 2013-2016 met the necessary criteria for approval. The commission was satisfied that the union had provided sufficient evidence of fair negotiation and that the agreement contained provisions that aligned with the legal requirements and public interest considerations. Consequently, the commission approved the agreement, acknowledging its potential to serve the interests of both the union and the employers effectively.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established