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

[2024] FWCA 3047

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

(AG2024/3053)

BGB ELECTRICAL SERVICES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 20 AUGUST 2024

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

An application has been made for approval of an enterprise agreement known as the BGB Electrical Services 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 terms relating to:

a)Clause 27.15: Compassionate leave – Stillbirth consideration; and
b)Clause 29(k): Notice of Termination.

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 clauses 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 27 August 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 before the Fair Work Commission involved an application for the approval of the BGB Electrical Services Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026. The applicants, BGB Electrical Services Pty Ltd and ETU Powerline, sought the Commission's endorsement of the proposed agreement, which aimed to regulate the employment conditions for workers within the specified industries. The union representing the employees, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, did not oppose the application but presented certain submissions regarding specific clauses within the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This involved assessing the agreement against various statutory criteria, including whether it facilitated a direct and genuine bargain between the parties, was free from coercion, discrimination, and unfair content, and provided for a fair and efficient workplace. The Commission also needed to consider the union's submissions and ensure that the agreement was in the best interests of the employees.

The Fair Work Commission found that the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. The Commission was satisfied that the agreement was the product of a genuine and direct bargain between the parties, was free from any form of coercion, discrimination, or unfair content, and was designed to create a fair and efficient workplace. The Commission acknowledged the union's submissions but found that the provisions within the agreement were in the best interests of the employees. Consequently, the Commission approved the BGB Electrical Services Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026, as it was in compliance with the statutory criteria and the interests of the employees.

The final orders of the Fair Work Commission were that the BGB Electrical Services Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026 be approved and registered under the Fair Work Act 2009. The agreement would then come into effect from the date of the Commission's decision and would regulate the employment conditions for workers within the specified industries for the duration of the agreement, from 2023 to 2026. The decision of the Fair Work Commission marked the official approval of the enterprise agreement, ensuring that the terms and conditions outlined within the agreement would govern the employment relationship between BGB Electrical Services Pty Ltd, ETU Powerline, and their employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established