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

[2013] FWCA 3668

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
(AG2013/6060)

ELECTRICAL & PUMPING SERVICES AUSTRALIA PTY LTD AND ETU GREENFIELDS AGREEMENT 2010-2014

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 6 JUNE 2013

Application for approval of the Electrical & Pumping Services Australia Pty Ltd and ETU Greenfields Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Electrical & Pumping Services Australia 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Electrical & Pumping Services Australia Pty Ltd. The Agreement is a greenfields agreement.

[2] 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 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 parties involved in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, Electrical & Pumping Services Australia Pty Ltd, and ETU Greenfields. The dispute arose from an application for approval of the Electrical & Pumping Services Australia Pty Ltd and ETU Greenfields Agreement 2010-2014. The case was heard in the Fair Work Commission. The legal issues that the court had to determine were whether the agreement met the requirements of the Fair Work Act 2009 and whether the agreement was made in good faith and free from coercion.

The court examined the provisions of the Fair Work Act 2009 and found that the agreement met the requirements of the Act. The court also considered whether the agreement was made in good faith and free from coercion. The court found that the agreement was made in good faith and free from coercion, as there was no evidence to suggest otherwise. The court also found that the agreement was made with the intention of improving the working conditions of the employees and providing a fair and equitable outcome for both parties. The court was satisfied that the agreement was fair and reasonable and met the requirements of the Fair Work Act 2009.

The court approved the Electrical & Pumping Services Australia Pty Ltd and ETU Greenfields Agreement 2010-2014. The court found that the agreement was made in good faith and free from coercion, and that it met the requirements of the Fair Work Act 2009. The court was satisfied that the agreement was fair and reasonable and provided a balanced outcome for both parties. The court also noted that the agreement provided for a dispute resolution process that would ensure that any future disputes could be resolved in a fair and timely manner. The court was satisfied that the agreement was in the best interests of the employees and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established