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

[2024] FWCA 3508

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

(AG2024/3794)

GENUS INFRASTRUCTURE (VIC) PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Telecommunications services
COMMISSIONER JOHNS	MELBOURNE, 4 OCTOBER 2024

Application for approval of the Genus Infrastructure (VIC) Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Genus Infrastructure (VIC) Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

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.

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), 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.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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 October 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

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Genus Infrastructure (VIC) Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026. The application was brought before the Fair Work Commission. The Union argued that the terms and conditions contained within the proposed agreement were fair and reasonable, and should be approved as a registered instrument.

The court was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for appropriate minimum rates of pay, conditions, and entitlements, and whether it facilitated the efficient operation of the workplace. Additionally, the court had to be satisfied that the agreement was not likely to have a detrimental effect on the broader labour market.

After reviewing the terms of the agreement and the submissions made by the parties, the Fair Work Commission found that the proposed agreement met the necessary criteria. The court considered the agreement to be fair and reasonable, and therefore approved it as a registered instrument. The court found that the agreement provided for appropriate minimum rates of pay, conditions, and entitlements, and that it facilitated the efficient operation of the workplace. The court also found that the agreement was not likely to have a detrimental effect on the broader labour market.

The Fair Work Commission approved the Genus Infrastructure (VIC) Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026 as a registered instrument. The court's decision provides certainty for both the Union and the employer, and ensures that the terms and conditions contained within the agreement are fair and reasonable.

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