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

[2024] FWCA 2720

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

(AG2024/2596)

VENTIA UTILITY SERVICES PTY LIMITED & ETU POWERLINE ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
DEPUTY PRESIDENT O’NEILL	MELBOURNE, 24 JULY 2024

Application for approval of the Ventia Utility Services Pty Limited & ETU Powerline Enterprise Agreement 2023-2026

An application has been made for approval of an enterprise agreement known as the Ventia Utility Services Pty Limited & 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 (CEPU). 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.

Pursuant to s.205(2) of the Act, the workplace delegates’ rights term prescribed by the Electrical, Electronic and Communications Contracting Award 2020 is taken to be a term of the Agreement.

Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The CEPU 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 CEPU support approval of the Agreement.

I observe that the following provision is likely to be inconsistent with the National Employment Standards (NES):

· Clause 27.15.

However, noting clause 6 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2024. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Ventia Utility Services Pty Limited & ETU Powerline Enterprise Agreement 2023-2026. The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought to have the agreement approved as a registered agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions outlined in the enterprise agreement, with the union arguing that the proposed agreement would provide fair and reasonable terms for the employees covered by it.

The legal issues before the court included whether the proposed agreement complied with the requirements of the Fair Work Act, and whether it provided for fair and reasonable terms and conditions for the employees. The court also needed to determine if the agreement had been genuinely negotiated between the employer and the union, and if it contained provisions that were necessary for the protection of employees' rights and interests. Furthermore, the court had to consider if the agreement met the standards of procedural fairness, ensuring that the employees had an opportunity to be involved in the negotiation process.

In its decision, the Fair Work Commission found that the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act. The court determined that the agreement provided for fair and reasonable terms and conditions for the employees, and that it had been genuinely negotiated between the employer and the union. The court also held that the agreement contained provisions necessary for the protection of employees' rights and interests. Furthermore, the commission found that the agreement met the standards of procedural fairness, as employees had been given an opportunity to be involved in the negotiation process. As a result, the Fair Work Commission approved the Ventia Utility Services Pty Limited & ETU Powerline Enterprise Agreement 2023-2026 as a registered agreement under the Fair Work Act.

The final orders of the Fair Work Commission included the approval of the Ventia Utility Services Pty Limited & ETU Powerline Enterprise Agreement 2023-2026 as a registered agreement, effective from the date of the decision. The court also ordered that the agreement be registered with the Fair Work Commission and published on its website. Additionally, the commission directed that the employer and the union take all necessary steps to give effect to the approved agreement and ensure that it is implemented in accordance with its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established