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

[2024] FWCA 2795

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

(AG2024/2709)

VOLTEK PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 30 JULY 2024

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

An application has been made for approval of an enterprise agreement known as the Voltek 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 6 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Voltek Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026. The agreement was the result of negotiations between the union and Voltek Pty Ltd, a company operating in the powerline industry. The union sought to ensure that the terms of the agreement were fair and reasonable for the employees covered by it.

The primary legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of its fairness and reasonableness. The Commission had to assess if the agreement provided for appropriate terms and conditions of employment, including wages, hours of work, leave entitlements, and other benefits, while ensuring that it did not undermine the existing industrial rights of the employees. Additionally, the Commission needed to consider if the agreement complied with the broader principles of the Fair Work Act, which aim to promote cooperative workplace relations and a balanced approach to the interests of employers and employees.

The Commission found that the agreement was fair and reasonable, taking into account the specific circumstances of the parties and the industry. The agreement provided for a balanced set of terms and conditions, which addressed the needs of both the union and the employer. The Commission also noted that the agreement contained provisions for ongoing consultation and dispute resolution mechanisms, which would help to maintain a cooperative and productive workplace environment. Consequently, the Commission approved the agreement, considering it to be in line with the objectives of the Fair Work Act.

The Fair Work Commission approved the Voltek Pty Ltd & ETU Powerline Enterprise Agreement 2023-2026, confirming its compliance with the Fair Work Act. The agreement, which sets out the terms and conditions of employment for employees of Voltek Pty Ltd, will now be binding on the parties. The approval ensures that the agreement provides for fair and reasonable terms, while also promoting cooperative workplace relations and a balanced approach to the interests of employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established