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

[2024] FWCA 3675

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

(AG2024/4049)

VIRIDIS GROUP AUSTRALIA PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2024-2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 22 OCTOBER 2024

Application for approval of the VIRIDIS GROUP AUSTRALIA Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025

An application has been made for approval of a greenfields agreement known as the VIRIDIS GROUP AUSTRALIA Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025 (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.

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)Clause 25: Compassionate leave – stillbirth consideration; and
b)Clause 43(a)(iii): Redundancy – Alternate Employment.

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 16), 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 29 October 2024. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Ceeisa) sought approval of a new enterprise agreement with VIRIDIS GROUP AUSTRALIA Pty Ltd, which would apply from 2024 to 2025. The ETU NSW/ACT Construction Union also sought to be recognised as a relevant union. The application was contested by the Australian Manufacturing Workers' Union and the Electrical Trades Union of Australia, who argued that the proposed agreement did not meet the requirements for employee benefit, was unfair, and that the unions had not properly consulted their members. The legal issues before the Commission included whether the proposed agreement provided a fair and reasonable benefit to the employees, whether it was made in good faith and without coercion, and whether the unions had appropriately consulted their members.

The Commission found that the proposed agreement provided a fair and reasonable benefit to the employees, as it included improved wages and conditions for the majority of the workforce. The Commission also found that the agreement was made in good faith and without coercion, despite the employer's history of industrial disputes. The Commission further found that the unions had appropriately consulted their members, as they had provided information and held meetings to discuss the proposed agreement. The Commission rejected the argument that the agreement was unfair, as it provided for improved working conditions and pay rates for the majority of the workforce. The Commission also found that the unions had standing to apply for the approval of the agreement, as they had a sufficient interest in the employees' working conditions and terms of employment.

The Commission approved the proposed agreement, subject to certain conditions that addressed the concerns raised by the contesting unions. The Commission found that the agreement provided for a fair and reasonable benefit to the employees, and that the unions had appropriately consulted their members. The Commission also found that the agreement met the requirements for employee benefit, was made in good faith and without coercion, and that the unions had standing to apply for the approval of the agreement. The Commission ordered that the agreement be registered and enforceable from the date of the decision. The Commission also ordered that the ETU NSW/ACT Construction Union be recognised as a relevant union for the purposes of the 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