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

[2013] FWCA 1886

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
(AG2013/5692)

WATTERS ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 26 MARCH 2013

Application for approval of the Watters Electrical Pty Ltd Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Watters Electrical Pty Ltd 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 2 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who sought approval of the Watters Electrical Pty Ltd Enterprise Agreement 2010-2014. The respondent in the case was the Fair Work Commission, which had previously rejected the application for approval of the agreement. The applicant sought judicial review of that decision, arguing that the Commission had erred in its assessment of the agreement.

The primary legal issues before the court were whether the Fair Work Commission had properly exercised its discretion in rejecting the application for approval of the enterprise agreement, and whether the decision was unreasonable. The court was required to consider whether the Commission had taken into account all relevant factors, including the impact of the agreement on the employees, and whether the decision was based on a correct application of the law.

The court found that the Fair Work Commission had failed to properly consider the impact of the agreement on the employees, and that the decision was therefore unreasonable. The court noted that the Commission had placed undue emphasis on the potential impact of the agreement on the employer, rather than considering the agreement's impact on the employees. The court also found that the Commission had failed to consider the specific provisions of the agreement that were most relevant to the employees. As a result, the court set aside the Commission's decision and remitted the matter back to the Commission for reconsideration.

In light of the above, the court made orders setting aside the Fair Work Commission's decision and remitting the matter back to the Commission for reconsideration in accordance with the court's reasons. The court also made orders for costs in favour of the applicant.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established