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

[2024] FWCA 2810

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

(AG2024/2749)

UTILITY SOLUTIONS GROUP PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 31 JULY 2024

Application for approval of the Utility Solutions Group PTY LTD & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Utility Solutions Group 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 7 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 applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Utility Solutions Group PTY LTD & ETU Powerline Enterprise Agreement 2023-2026. The Fair Work Commission was the forum for this application, with the union arguing that the agreement was appropriate and fair for the employees under its coverage. The nature of the dispute centred on the compliance of the agreement with the Fair Work Act 2009 and the union's assertion that it provided fair and reasonable terms and conditions for the employees.

The central legal issues before the Commission were whether the agreement met the requirements for approval under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any unfair or unjust provisions. The Commission also had to determine whether the agreement complied with the procedural requirements for approval, including the provision of necessary information and the opportunity for proper consideration. Additionally, the Commission had to assess the fairness of the agreement in the context of the bargaining process and the overall benefits it offered to the employees.

In reaching its decision, the Commission examined the content of the agreement, the bargaining process, and the implications for the employees. The Commission noted the union's detailed submission and the employer's support for the agreement. It considered the provisions of the agreement, including wages, hours of work, leave, and other employment conditions, and assessed their reasonableness and fairness. The Commission concluded that the agreement provided fair and reasonable terms and conditions for the employees, and that it complied with the requirements of the Fair Work Act. The Commission found that the agreement was appropriately negotiated and provided a balanced outcome for both parties.

The Commission approved the Utility Solutions Group PTY LTD & ETU Powerline Enterprise Agreement 2023-2026, determining that it met the necessary criteria for approval. The agreement was found to be fair and reasonable, and it complied with all relevant legislative requirements. The Commission's decision ensured that the agreement would provide the intended benefits to the employees and would be upheld as a valid and enforceable enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established