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

[2024] FWCA 3131

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

(AG2024/3127)

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

Building, metal and civil construction industries
COMMISSIONER JOHNS	MELBOURNE, 27 AUGUST 2024

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

An application has been made for approval of an enterprise agreement known as the Vector (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.

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 September 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 case involved an application for approval of the Vector (VIC) Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the approval of the Fair Work Commission, which would render the agreement protected from unfair dismissal claims and other legal proceedings. The application was made under the Fair Work Act 2009, which requires the Commission to assess whether the agreement meets certain criteria, including whether it provides for the "bare minimum" terms and conditions of employment.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act, specifically whether it provided for the "bare minimum" terms and conditions of employment as required by section 235 of the Act. The Commission had to consider whether the agreement provided for adequate minimum wages, penalty rates, leave entitlements, maximum weekly hours, and other essential terms and conditions of employment. The Commission also had to ensure that the agreement did not undermine the operation of the safety net of minimum entitlements provided by the Fair Work Act.

In assessing the agreement, the Commission considered the evidence and submissions provided by the parties. The Commission found that the agreement provided for the "bare minimum" terms and conditions of employment as required by the Fair Work Act. The agreement provided for minimum wages that were above the safety net award rates, adequate penalty rates, and reasonable leave entitlements. The Commission also found that the agreement did not undermine the operation of the safety net of minimum entitlements provided by the Act. Accordingly, the Commission approved the agreement, subject to certain modifications to address minor technical issues.

The Fair Work Commission approved the Vector (VIC) Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026, subject to certain modifications. The Commission found that the agreement provided for the "bare minimum" terms and conditions of employment as required by the Fair Work Act, and did not undermine the operation of the safety net of minimum entitlements provided by the Act. The modifications to the agreement addressed minor technical issues, such as the inclusion of a definition of "employee" and the correction of a typographical error. The approval of the agreement means that it is protected from unfair dismissal claims and other legal proceedings, subject to the terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established