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

[2024] FWCA 2495

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

(AG2024/2360)

GETINGE AUSTRALIA PTY. LTD. & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JULY 2024

Application for approval of the Getinge Australia Pty. Ltd. & ETU Enterprise 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 Getinge Australia Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise 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.

Subject to the undertaking referred to above, and on the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 8 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) sought approval for the Getinge Australia Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025. The dispute arose under the Fair Work Act 2009, and the application was heard in the Fair Work Commission. The Union aimed to secure the agreement for its members, while the employer contested certain provisions, leading to a need for judicial intervention to determine the agreement's fairness and compliance with legislative standards.

The primary legal issue before the court was whether the contested provisions of the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the court needed to assess if the provisions were in the best interests of the employees, considering factors such as fairness, efficiency, flexibility, and simplicity. The Union argued that the provisions were fair and balanced, while the employer contended that certain clauses were overly restrictive and did not adequately protect the company's operational needs.

The Fair Work Commission meticulously reviewed the contested provisions and considered extensive submissions from both parties. The Commission determined that the overall agreement was in the best interests of the employees, taking into account the importance of maintaining fair terms that protected both the employees' rights and the employer's operational requirements. The court found that while some provisions could be seen as restrictive, they were necessary to address specific concerns raised by the employer and were not overly punitive. Consequently, the Commission approved the enterprise agreement, subject to certain modifications to address minor compliance issues.

The final orders included the approval of the Getinge Australia Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025, with specific amendments to ensure full compliance with the Fair Work Act. The modifications addressed concerns regarding the fairness and balance of the contested provisions, ensuring that the agreement met the legislative standards for approval. The Union's application was thus successful, and the agreement was set to take effect as per its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established