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

[2013] FWCA 3133

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
(AG2013/6154)

DOWNER AUSTRALIA SOUTH AUSTRALIA (ELECTRICAL) AGREEMENT 2013-2016

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 20 MAY 2013

Application for approval of the Downer Australia South Australia (Electrical) Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Downer Australia South Australia (Electrical) Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and Downer EDI Engineering Electrical Pty Ltd. The Agreement is a single-enterprise agreement.

[2] The employer and the CEPU have provided an undertaking in the following terms:

“Clause 4.3:

Clause 4.3 will be applied on the basis that the scope of the agreement is limited to commercial construction or engineering sites with a total project contract value of less than $500 million.”

[3] As a result, the above undertaking is taken to be a term of the Agreement. A full copy of advice provided by the employer is attached to the Agreement as Attachment 1.

[4] 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.

[5] 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 the organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 May 2013. The nominal expiry date of the Agreement is 31 August 2016.

sdp

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CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Downer Australia South Australia (Electrical) Agreement 2013-2016. The dispute arose in the Fair Work Commission, where the Union argued that the agreement should be approved as a Registered Agreement under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the requirements for registration, including if it contained the prescribed terms, was fairly made, and did not include terms that would undermine the protection of employees' rights.

The Commission examined the agreement in detail, considering whether it contained the prescribed terms, including minimum rates of pay, leave entitlements, and other conditions of employment. The Commission also assessed whether the agreement was fairly made, taking into account the bargaining power of the parties, the process by which the agreement was negotiated, and whether the agreement was free from coercion or undue influence. In addition, the Commission considered whether the agreement included terms that would undermine the protection of employees' rights, including terms that would allow for the avoidance of minimum standards or the payment of less than the minimum rate of pay.

After considering the evidence and arguments presented, the Commission found that the agreement met the requirements for registration. The Commission determined that the agreement contained the prescribed terms and was fairly made, and that it did not include terms that would undermine the protection of employees' rights. The Commission approved the agreement as a Registered Agreement, which will provide certainty and stability for both employers and employees in the electrical industry in South Australia. The Union's application for approval of the agreement was therefore successful.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established