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

[2024] FWCA 2527

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

(AG2024/2417)

ASSOCIATED SERVICES INDUSTRIES PTY LTD AND ETU GREENFIELDS AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 JULY 2024

Application for approval of the Associated Services Industries Pty Ltd and ETU Greenfields Agreement 2021 – 2025

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the Associated Services Industries Pty Ltd and ETU Greenfields Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 9 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) and Associated Services Industries Pty Ltd (the Employer). The Applicant sought approval for the Associated Services Industries Pty Ltd and ETU Greenfields Agreement 2021 – 2025, which outlined terms and conditions of employment for the employees of the Employer. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, specifically in relation to the provisions regarding minimum rates of pay, penalty rates, and shift loadings.

The key legal issues for the Commission to determine were whether the agreement provided for fair and reasonable terms and conditions of employment and whether it complied with the Fair Work Act's requirements. The Commission had to consider the nature of the agreement's provisions, whether they were in line with the objectives of the Act, and whether they met the standard of fairness and reasonableness as required by the legislation. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of the employees and the employer.

In its decision, the Fair Work Commission found that the agreement met the requirements for approval under the Fair Work Act. The Commission considered the provisions of the agreement in the context of the relevant legislative framework and the principles of fairness and reasonableness. It was satisfied that the agreement provided for adequate minimum rates of pay, penalty rates, and shift loadings, and that these provisions were consistent with the objectives of the Act. The Commission determined that the agreement appropriately balanced the interests of the employees and the employer, and that it met the necessary standards of fairness and reasonableness. Consequently, the Fair Work Commission approved the Associated Services Industries Pty Ltd and ETU Greenfields Agreement 2021 – 2025 as meeting the statutory requirements for approval.

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