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

[2024] FWCA 3350

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

(AG2024/3642)

KEY HR ELECTRICAL SERVICES PTY. LTD. & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 SEPTEMBER 2024

Application for approval of the Key HR Electrical Services Pty. Ltd. & ETU Powerline Enterprise Agreement 2023-2026

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

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 24 September 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Key HR Electrical Services Pty. Ltd., along with ETU Powerline. The union applied for the approval of the Enterprise Agreement 2023-2026, seeking to have the terms of the agreement recognised and enforced under the Fair Work Act 2009. The primary dispute centred on whether the agreement met the legal requirements for approval, including the provision of procedural fairness to the parties involved and the compliance with minimum entitlements stipulated by the Fair Work Act.

The central legal issues addressed by the Commission revolved around the procedural fairness in the negotiation and drafting of the agreement, as well as the content of the agreement itself. Specifically, the Commission had to determine if the union had appropriately represented its members in the negotiation process, and whether the agreement provided for fair and reasonable terms for employees, including minimum wage rates, leave entitlements, and other working conditions. The Commission also examined if the agreement complied with the Fair Work Act’s requirements for avoiding undue hardship on businesses.

In reaching its decision, the Commission considered the evidence presented by both parties, including the processes undertaken to negotiate the agreement and the content of the agreement. The Commission found that the union had adequately represented its members, and that the negotiation process had been conducted in a manner that was fair and transparent. Furthermore, the Commission determined that the terms of the agreement were fair and reasonable, and did not impose undue hardship on the employer. Consequently, the Commission approved the agreement, recognising it as a registered enterprise agreement under the Fair Work Act.

The Fair Work Commission’s decision resulted in the formal approval of the Enterprise Agreement 2023-2026 between the union and the employer. The agreement was registered and would govern the employment conditions of the union members for the specified period. The Commission's approval was based on the finding that the agreement was negotiated in good faith and met the statutory requirements for procedural fairness and compliance with minimum entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established