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

[2024] FWCA 3128

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

(AG2024/3128)

SOUTHERN CRANES (METROPOL) 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 Southern Cranes (Metropol) PTY LTD & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Southern Cranes (Metropol) 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Southern Cranes (Metropol) Pty Ltd (the Employer). The Union sought approval for the Enterprise Agreement between the Employer and ETU Powerline, which covered the period 2023-2026. The dispute was brought before the Fair Work Commission (FWC), where the Union argued that the agreement should be approved as it met the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the Enterprise Agreement complied with the relevant provisions of the Fair Work Act, particularly in relation to minimum entitlements, and whether it was in the best interests of the employees. The FWC had to determine if the agreement provided fair and reasonable terms for the employees and if it met the statutory criteria for approval.

The FWC examined the agreement in detail, considering factors such as the bargaining positions of the parties, the fairness of the terms, and the overall benefits to the employees. The Commission found that the agreement met the statutory criteria and was fair and reasonable for the employees. It was noted that the agreement provided for a fair wage increase, improved working conditions, and addressed various employee concerns. The FWC concluded that the agreement was in the best interests of the employees and approved it.

The Fair Work Commission approved the Enterprise Agreement between Southern Cranes (Metropol) Pty Ltd and ETU Powerline, effective from 1 July 2023 to 30 June 2026. The decision confirmed that the agreement was fair, reasonable, and in the best interests of the employees, and thus met the statutory requirements for approval under the Fair Work Act.

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