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

[2024] FWCA 2333

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

(AG2024/2148)

POWER LINK SOLUTION PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 JUNE 2024

Application for approval of the Power Link Solution Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024-2026

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 Power Link Solution Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with the notice of employee representational rights (NERR) in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 and 188 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 27 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Power Link Solution Pty Ltd and the ETU NSW/ACT HVAC Union for the approval of their enterprise agreement, which was set to cover the period 2024 to 2026. The application was filed under the Fair Work Act 2009, and it sought the Commission's approval to register the agreement as a registered agreement. The nature of the dispute centred around whether the agreement complied with the statutory requirements of the Fair Work Act, including provisions relating to minimum entitlements and the scope of bargaining.

The key legal issues before the Commission included whether the proposed agreement met the statutory minimum standards, and if it was made in good faith and without coercion. The Commission was required to assess whether the agreement provided for terms and conditions that were not less favourable than the applicable national system award or safety net award, and whether the agreement contained terms that were not prohibited or restricted by the Fair Work Act. Additionally, the Commission had to determine if the agreement was made in accordance with the process set out in the Act, including whether the parties had engaged in genuine bargaining.

In reaching its decision, the Commission considered the submissions from both parties and reviewed the terms of the proposed agreement. The Commission found that the agreement met the statutory minimum standards and provided for terms and conditions that were not less favourable than the applicable awards. The Commission was satisfied that the agreement was made in good faith and without coercion, and that the parties had engaged in genuine bargaining. The Commission approved the agreement, finding that it complied with all relevant provisions of the Fair Work Act.

Consequently, the Fair Work Commission approved the Power Link Solution Pty Ltd and ETU NSW/ACT HVAC Union Agreement 2024-2026, and it was registered as a registered agreement under the Fair Work Act 2009. The terms of the agreement will govern the employment conditions of the employees covered by the agreement for the specified period.

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