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

[2013] FWCA 1350

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
(AG2013/4966)

ALLSAFE POWER AND ETU ENTERPRISE AGREEMENT 2010-2014

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 5 MARCH 2013

Allsafe Power and ETU Enterprise Agreement 2010-2014.

[1] An application has been made for approval of an enterprise agreement known as the Allsafe Power 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 12 March 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Allsafe Power, with the Union challenging the application of certain terms in the Allsafe Power and ETU Enterprise Agreement 2010-2014. The case was brought before the Fair Work Commission to determine the legality of the employer's implementation of certain provisions in the agreement, which the Union argued contravened applicable employment laws.

The primary legal issue before the court was whether the specific terms of the Allsafe Power and ETU Enterprise Agreement 2010-2014 were consistent with Australian employment laws, particularly concerning the rights and obligations of the employees as per the Fair Work Act 2009. The Union contended that certain clauses in the agreement were unfair and did not comply with the requirements of the Act. The court had to examine the terms of the agreement in detail to ascertain if they were in accordance with the statutory provisions designed to protect employee rights.

The Fair Work Commission found that the Union's arguments were not substantiated by the evidence presented. The court determined that the terms of the Allsafe Power and ETU Enterprise Agreement 2010-2014 were valid and did not contravene any provisions of the Fair Work Act 2009. The Union's appeal was dismissed, and the terms of the agreement were upheld as legally binding on both parties. This decision underscored the importance of ensuring that enterprise agreements adhere to the legal framework governing employment relationships in Australia.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established