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

[2024] FWCA 3380

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

(AG2024/3663)

SERVICE STREAM MAINTENANCE PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 26 SEPTEMBER 2024

Application for approval of the Service Stream Maintenance Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Service Stream Maintenance 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 two clauses that may be inconsistent with the National Employment Standards (NES). In particular, the term relating to:

a)Clause 27.15: Compassionate leave – still birth 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.

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 3 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

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 Service Stream Maintenance Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026. The dispute centred on the terms and conditions of employment outlined in the proposed agreement, with the union seeking to ensure that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the proposed agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement contained terms that were fair and reasonable, as required by section 234 of the Fair Work Act. This involved examining the provisions of the agreement, including those relating to wages, hours of work, leave entitlements, and other employment conditions. The Commission also considered the process by which the agreement was negotiated and whether it complied with the requirements of the Act. Additionally, the Commission assessed whether the agreement provided for the protection of employees' rights and interests, and whether it met the criteria for being a "better off overall" agreement.

In reaching its decision, the Commission considered the submissions made by both the union and the employer, as well as the evidence presented during the hearing. The Commission found that the proposed agreement contained terms that were fair and reasonable, and that the process by which it was negotiated complied with the requirements of the Act. The Commission also found that the agreement provided for the protection of employees' rights and interests, and that it met the criteria for being a "better off overall" agreement. As such, the Commission approved the Service Stream Maintenance Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026, subject to the conditions and limitations set out in the order.

The Fair Work Commission approved the Service Stream Maintenance Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026, subject to certain conditions and limitations. These included provisions relating to the payment of wages and leave entitlements, the protection of employees' rights and interests, and the process by which any disputes arising under the agreement would be resolved. The Commission also made orders relating to the implementation of the agreement and the obligations of the parties to comply with its terms. Overall, the Commission found that the proposed agreement met the necessary criteria for approval under the Fair Work Act, and that it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established