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

[2025] FWCA 18

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

(AG2024/4986)

UCS OVERHEAD SERVICES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER REDFORD	MELBOURNE, 3 JANUARY 2025

Application for approval of the UCS Overhead Services Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the UCS Overhead Services Pty Ltd & ETU Powerline Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V) (CEPU). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights distributed to employees on 1 November 2024 was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

Interaction with the National Employment Standards

Clause 6 of the Agreement provides that the National Employment Standards (NES) applies to employees covered by the agreement except where the agreement provides a more favourable outcome (NES precedence clause). On this basis, I am satisfied that the apparent inconsistencies with the NES outlined below do not prevent the approval of this agreement:

Clause 27.15 of the Agreement provides for compassionate leave, however it is silent in relation to the entitlement in circumstances after the stillbirth of a child of the employee or a member of the employee’s immediate family or household as per s.105(1)(b) of the Act or after the employee or the employee’s spouse or de facto partner has a miscarriage as per s.105(1)(c) of the Act. On the basis of the NES precedence clause, the superior entitlement provided for in the NES will apply.

Consideration

Subject to the matters referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the CEPU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was tasked with approving the UCS Overhead Services Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026. The union sought approval of the agreement which had been negotiated with the employer, UCS Overhead Services Pty Ltd, for its employees covered by the Enterprise Agreement. The legal issues before the Commission included whether the agreement was fairly made, and if it met the criteria for approval under the Fair Work Act 2009.

The Commission considered whether the agreement was fairly made, taking into account factors such as the bargaining power of the parties, the process through which the agreement was negotiated, and the extent to which the agreement dealt with the employees' interests. The Commission also assessed whether the agreement complied with the Fair Work Act 2009, including whether it contained the required minimum terms and conditions of employment and whether it was consistent with the principles of industrial relations law. In reaching its decision, the Commission gave weight to the fact that the agreement had been negotiated in good faith and included provisions that were fair and reasonable in all the circumstances.

After careful consideration of the evidence and arguments presented, the Commission determined that the UCS Overhead Services Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026 was fairly made and met the criteria for approval under the Fair Work Act 2009. The Commission noted that the agreement contained provisions that were fair and reasonable in all the circumstances, and that it complied with the requirements of the Act. The Commission approved the agreement, which will now apply to the employees covered by the Enterprise Agreement from 1 July 2023 until 30 June 2026. The Commission's decision provides clarity for both the union and the employer, and ensures that the employees are covered by an agreement that meets the necessary legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established