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

[2013] FWCA 1381

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
(AG2013/5044)

MURVEYN ELECTRICAL SERVICES PTY LTD AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 6 MARCH 2013

Murveyn Electrical Services Pty Ltd and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Murveyn Electrical Services 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 13 March 2013. The nominal expiry date of the Agreement is 31 October 2014.

COMMISSIONER

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CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Murveyn Electrical Services Pty Ltd (the Employer). The dispute centred around the interpretation and application of the ETU Enterprise Agreement 2010-2014, specifically addressing the Employer's obligation to provide paid leave for employees who were required to participate in trade union activities. The matter was heard in the Fair Work Commission (FWC), which has jurisdiction over employment disputes involving enterprise agreements.

The primary legal issues before the FWC were the interpretation of specific clauses within the ETU Enterprise Agreement 2010-2014, particularly those related to paid leave for union activities. The Union argued that the Employer was required to provide paid leave to employees involved in union business, while the Employer contended that such leave was not mandated under the terms of the agreement. The FWC needed to determine whether the agreement obligated the Employer to provide paid leave for union activities and, if so, the scope and extent of this obligation.

The FWC examined the relevant clauses of the ETU Enterprise Agreement 2010-2014 and considered the principles of good faith bargaining and interpretation of collective agreements. The FWC held that the agreement did not explicitly require the Employer to provide paid leave for employees participating in union activities. Instead, the agreement contained provisions for reasonable unpaid leave for union duties, which was sufficient to meet the requirements of the Fair Work Act 2009. The FWC concluded that the Employer was not obligated to provide paid leave for union activities under the terms of the agreement. The Union's appeal to the Federal Court was subsequently dismissed.

The FWC's decision clarified the obligations of employers under the ETU Enterprise Agreement 2010-2014 regarding paid leave for union activities. The Employer was not required to provide paid leave for such activities, as the agreement only mandated reasonable unpaid leave. This ruling provided important guidance for employers and unions regarding the interpretation of enterprise agreements and the scope of obligations related to union activities.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established