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

[2013] FWCA 6234

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
(AG2013/7844)

BRI’LECTRIX PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 28 AUGUST 2013

Application for approval of the Bri’lectrix Pty Ltd and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Bri’lectrix Pty Ltd and ETU Enterprise Agreement 2010-2014 (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). The Agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] The CEPU, 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) of the Act I note that the Agreement covers this organisation.

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Bri’lectrix Pty Ltd and ETU Enterprise Agreement 2010-2014. The parties involved were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, and Bri’lectrix Pty Ltd. The dispute centred on whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The application was heard and determined by the Fair Work Commission, an industrial relations tribunal established under the Act.

The key legal issues the Commission had to address were whether the agreement was a genuine enterprise agreement, whether it contained the necessary minimum terms and conditions, and if it was fair and reasonable. The Commission needed to consider if the agreement satisfied the procedural requirements for a valid enterprise agreement and if it included the mandated minimum terms as per the Fair Work Act. Additionally, the Commission had to evaluate the fairness and reasonableness of the terms of the agreement, ensuring it did not unfairly disadvantage any party and was consistent with the broader objectives of the Act.

The Fair Work Commission found that the agreement was a genuine enterprise agreement that complied with the procedural requirements set out in the Fair Work Act. The agreement included all the necessary minimum terms and conditions, and the Commission concluded that it was fair and reasonable. The Commission was satisfied that the agreement was negotiated in good faith and that it did not contain any terms that would be contrary to the public interest. As a result, the Commission approved the Bri’lectrix Pty Ltd and ETU Enterprise Agreement 2010-2014.

The final orders of the Commission were that the Bri’lectrix Pty Ltd and ETU Enterprise Agreement 2010-2014 be approved as a registered agreement under the Fair Work Act. This decision confirmed the agreement's validity and enforceability, ensuring that the terms and conditions it contained would govern the employment relationship between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established