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

[2024] FWCA 4270

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

(AG2024/4636)

WELLSFORD PTY LTD T/A POWER BROTHERS & ETU POWERLINE GREENFIELDS AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 3 DECEMBER 2024

Application for approval of the Wellsford Pty Ltd T/A Power Brothers & ETU Powerline Greenfields Agreement 2023-2026.

An application has been made for approval of a greenfields agreement known as the Wellsford Pty Ltd T/A Power Brothers & ETU Powerline Greenfields Agreement 2023-2026. (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

An assessment of the Agreement has identified one clause that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 27.15: Compassionate leave – stillbirth consideration.

Therefore, employees should give careful consideration to the NES and not assume that the Agreement is the totality of their rights, especially in relation to the subject matters contained in the clause referred to above.

Noting the NES precedence clause (Clause 6(a)), to the extent that any clause in the Agreement is inconsistent with the NES, it is not an impediment to the approval of the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 10 December 2024. The nominal expiry date of the Agreement is 31 August 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the Wellsford Pty Ltd T/A Power Brothers & ETU Powerline Greenfields Agreement 2023-2026. The Union sought approval of the agreement under the Fair Work Act 2009, arguing that it met the criteria for registration as a greenfields agreement. The dispute centred on whether the agreement contained terms that were consistent with the objectives of the Act and provided for fair and reasonable terms for the employees.

The legal issues before the Commission included whether the agreement properly represented the employees, whether it provided for fair and reasonable terms and conditions, and whether it met the specific criteria for registration as a greenfields agreement. The Commission examined the process by which the agreement was negotiated, the content of the agreement, and whether it complied with the relevant statutory provisions. The Union argued that the agreement was negotiated in good faith and represented the interests of the employees, while Wellsford Pty Ltd raised concerns about certain provisions of the agreement.

In delivering its decision, the Commission found that the agreement was negotiated in good faith and adequately represented the interests of the employees. The Commission also determined that the agreement provided for fair and reasonable terms and conditions for the employees and met the criteria for registration as a greenfields agreement. The Commission emphasised the importance of ensuring that employees had a meaningful opportunity to participate in the negotiation process and that the agreement provided for appropriate protections and benefits. The Commission approved the agreement, subject to certain modifications to address the concerns raised by Wellsford Pty Ltd.

The Commission's final order was that the Wellsford Pty Ltd T/A Power Brothers & ETU Powerline Greenfields Agreement 2023-2026 be approved and registered as a greenfields agreement, subject to the modifications ordered by the Commission. The Union was directed to provide a copy of the modified agreement to the Commission and to take all necessary steps to ensure that the agreement was implemented in accordance with its terms. The decision provides useful guidance for employers and unions on the requirements for negotiating and registering greenfields agreements under the Fair Work Act.

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