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

[2024] FWCA 2850

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

(AG2024/2799)

POWER CABLES PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Telecommunications services
COMMISSIONER JOHNS	MELBOURNE, 2 AUGUST 2024

Application for approval of the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Power Cables 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.

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 9 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 matter before the Court was an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Power Cables Pty Ltd and ETU Powerline. The agreement in question, the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026, was put forward for approval in accordance with the relevant federal legislation. The Union sought the Court's approval as it believed that the agreement met the necessary criteria under the law. The legal issues central to this application were whether the agreement complied with the requisite provisions of the Fair Work Act 2009 and whether it was made in good faith and without coercion.

The Court considered the provisions of the Fair Work Act 2009, focusing on whether the agreement contained all the mandated terms and conditions and whether it was made without any improper influence. The Union argued that the agreement was fair and equitable, having been negotiated in good faith, and that it met all the statutory requirements. The employer also provided evidence to support the assertion that the agreement was not made under any duress. After reviewing the submitted documentation and hearing from both parties, the Court found that the agreement was made in compliance with the legislative requirements and that it was fair and equitable.

Consequently, the Court approved the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026. The Union's application was successful, and the agreement was declared to be valid and binding. The Court's approval ensured that the terms and conditions outlined in the agreement would govern the employment relationship between the Union, Power Cables Pty Ltd, and ETU Powerline for the specified period. The decision confirmed the legitimacy of the agreement and provided certainty to the parties involved.

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