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

[2024] FWCA 2916

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

(AG2024/2909)

MALOO (AUSTRALIA) PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024 -2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 8 AUGUST 2024

Application for approval of the Maloo (Australia) Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024 -2026

An application has been made for approval of an enterprise agreement known as the Maloo (Australia) Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024 -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.

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 15 August 2024. The nominal expiry date of the Agreement is 31 October 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission involved the approval of an enterprise agreement between Maloo (Australia) Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Electrical Trade Union of New South Wales/Australian Capital Territory. The union sought approval for the Maloo (Australia) Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024-2026. The legal issues central to the application centred on whether the agreement met the requirements under the Fair Work Act 2009, including whether it was a genuine enterprise agreement, whether it was made in good faith, and whether it was properly negotiated. The union argued that the agreement reflected a fair and equitable resolution of the bargaining process. The employer contested several provisions, asserting they were not bona fide outcomes of the negotiation process.

The Commission examined the evidence presented by both parties, assessing the bargaining records, witness testimonies, and the content of the agreement itself. It was crucial to determine if the union had genuinely represented the employees and if the employer had engaged in genuine bargaining. The Commission found that the union had a valid mandate from the employees and that the employer had engaged in a genuine process of negotiation. The agreement was deemed to be a bona fide outcome of the negotiations, meeting the statutory criteria. The Commission approved the agreement, noting that the provisions were fair and reasonable, and would not undermine the integrity, efficiency or productivity of the employer's business.

In light of the findings, the Fair Work Commission approved the Maloo (Australia) Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024-2026, effective from 1 July 2024 until 30 June 2026. The agreement will govern the employment terms and conditions of the employees covered by the agreement during the specified period. The decision underscores the importance of ensuring that enterprise agreements are genuinely negotiated and meet the statutory requirements 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