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

[2024] FWCA 4180

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

(AG2024/4501)

FREDON INFRASTRUCTURE PTY LIMITED & ETU GREENFIELDS AGREEMENT 2021 – 2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 28 NOVEMBER 2024

Application for approval of the Fredon Infrastructure Pty Limited & ETU GreenfieldsAgreement 2021 – 2025

An application has been made for approval of a greenfields agreement known as the Fredon Infrastructure Pty Limited & ETU Greenfields Agreement 2021 – 2025 (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.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term 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 5 December 2024. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Fredon Infrastructure Pty Limited & ETU Greenfields Agreement 2021 – 2025. The dispute centred on whether the agreement complied with the applicable provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The Commission was tasked with determining whether the agreement met the criteria for approval and if it was in the best interests of the employees involved.

The legal issues before the Commission included whether the agreement provided for the minimum entitlements required by the Act and Regulations, whether the agreement was not worse off overall (NWOO) for the employees, and whether the agreement had been genuinely negotiated. The Commission also considered whether the agreement included any provisions that could be seen as discriminatory or unfair to the employees.

In reaching its decision, the Commission examined the terms of the agreement, the bargaining process, and the evidence provided by both parties. The Commission found that the agreement did provide for the minimum entitlements and was NWOO for the employees. It was also satisfied that the agreement had been genuinely negotiated and did not contain any discriminatory or unfair provisions. The Commission approved the agreement, finding it to be in the best interests of the employees and compliant with the requirements of the Act and Regulations.

The Commission's final order was that the Fredon Infrastructure Pty Limited & ETU Greenfields Agreement 2021 – 2025 be approved and registered with the Fair Work Commission. The agreement is now legally binding on both the employer and the employees covered by the agreement, and it will remain in effect until the end of the agreed term or until it is varied or replaced by a new agreement.

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