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

[2013] FWCA 1881

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
(AG2013/5730)

R & G ELECTRICS PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 27 MARCH 2013

Application for approval of the R & G Electrics Pty Ltd and ETU Enterprise Agreement 2010-2014 .

[1] An application has been made for approval of an enterprise agreement known as the R & G Electrics Pty Ltd and ETU Enterprise Agreement 2010-2014 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by 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 ss186, 187 and 188 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. As required by s.201(2) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54(1), will operate from 3 April 2013.The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the R & G Electrics Pty Ltd and ETU Enterprise Agreement 2010-2014. The central issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The legal issues included whether the agreement was made in good faith, whether it provided for fair and reasonable terms, and whether it adhered to the provisions of the Fair Work Act.

The court examined the negotiation process and the content of the agreement to determine whether it was made in good faith. It assessed the fairness of the terms in relation to the working conditions, remuneration, and other employment-related matters. The court also considered whether the agreement met the statutory requirements for coverage and whether it complied with the provisions of the Fair Work Act. After a thorough review, the court found that the agreement was made in good faith, provided for fair and reasonable terms, and complied with the statutory requirements for coverage.

Having found that the agreement met all the necessary criteria, the court approved the R & G Electrics Pty Ltd and ETU Enterprise Agreement 2010-2014. The decision was based on the court's determination that the agreement was fair and reasonable, and that it adhered to the requirements of the Fair Work Act. The court's approval of the agreement ensured that the terms and conditions outlined within it would be legally binding on the parties involved.

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