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

[2024] FWCA 3796

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

(AG2024/4146)

VIRIDIS GROUP AUSTRALIA PTY LTD & ETU GREENFIELDS AGREEMENT 2021 – 2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 30 OCTOBER 2024

Application for approval of the Viridis Group Australia Pty Ltd and ETU Greenfields Agreement 2021-2025

An application has been made for approval of a greenfields agreement known as the Viridis Group Australia Pty Ltd and 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.

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

a)Part A Clause 35.4: Public holidays; and
b)Part A Clause 20.1(a) and Part B Clause 20.1(a): Notice of termination.

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 4.1(b)), 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 6 November 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

The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for an enterprise agreement with Viridis Group Australia Pty Ltd and ETU Greenfields. The dispute was heard in the Fair Work Commission. The union's application was for the approval of the Viridis Group Australia Pty Ltd and ETU Greenfields Agreement 2021-2025. The Commission needed to determine whether the agreement met the requirements for approval under the Fair Work Act 2009. Specifically, it had to examine whether the agreement contained the necessary terms, and if it was made in good faith and without coercion, as well as whether it provided for the proper operation of the enterprise.

The primary legal issue before the Commission was whether the agreement complied with the statutory criteria for approval. This involved verifying that the agreement included all the prescribed terms, such as pay rates and conditions, and that it was made without any improper influence or duress. The Commission also had to consider whether the agreement was beneficial to the employees and whether it provided for the efficient and effective operation of the enterprise. Furthermore, the Commission examined whether the agreement provided for appropriate dispute resolution mechanisms and whether it aligned with the principles of industrial conciliation and arbitration.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. It concluded that the agreement contained all the necessary terms, was made in good faith, and provided for the proper operation of the enterprise. The Commission also determined that the agreement was beneficial to the employees and provided for adequate dispute resolution mechanisms. The Commission was satisfied that the agreement adhered to the principles of industrial conciliation and arbitration. Therefore, the application for approval was granted, and the agreement was approved as a registered agreement.

The Fair Work Commission approved the Viridis Group Australia Pty Ltd and ETU Greenfields Agreement 2021-2025 as a registered agreement, effective from 1 July 2021. The Commission noted that the agreement would provide for the fair and equitable treatment of employees and contribute to the efficient operation of the enterprise. The Commission also emphasised the importance of ongoing consultation and good faith bargaining between the parties to ensure the continued effectiveness of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established