| [2024] FWCA 2377 |
| 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
(AG2024/2214)
WIRELESS COVERAGE SOLUTIONS (VIC) PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025
| Electrical power industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 26 JUNE 2024 |
Application for approval of the Wireless Coverage Solutions (Vic) 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 Wireless Coverage Solutions (Vic) 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 26 June 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE525202 PR776429>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 2377
- Case
- [2024] FWCA 2377
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval. These include ensuring the agreement complies with the provisions of the Fair Work Act and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine if the agreement appropriately covered the employees, provided for proper consultation, and included all mandatory terms as required by the legislation.
The Commission examined the agreement clause by clause, confirming that it complied with the relevant statutory provisions. It found that the agreement covered all relevant employees, provided for proper consultation between the parties, and contained all mandatory terms. The Commission noted that while there were some minor procedural issues, these did not affect the overall compliance of the agreement. Accordingly, the Commission approved the enterprise agreement, finding it met all necessary statutory requirements.
The Fair Work Commission approved the Wireless Coverage Solutions (Vic) Pty Ltd & ETU Enterprise Agreement 2021-2025, subject to the minor procedural issues identified. The Commission's decision was based on its finding that the agreement complied with all statutory requirements, including coverage, consultation, and the inclusion of mandatory terms.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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