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

[2024] FWCA 2348

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

(AG2024/2153)

TERRYS ELECTRICAL SERVICES PTY LTD & ETU NSW/ACT HVAC UNION AGREEMENT 2024-2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 JUNE 2024

Application for approval of the Terrys Electrical Services 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 Terrys Electrical Services 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.

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 24 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 the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of the Terrys Electrical Services Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024-2026. The agreement sought to establish terms and conditions of employment for workers within the HVAC sector employed by Terrys Electrical Services Pty Ltd. The application was made under the Fair Work Act 2009, seeking the Commission's endorsement of the agreement as a safety net agreement.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act and whether it provided for terms and conditions that met the safety net standards. Specifically, the Commission needed to determine if the agreement covered the necessary minimum terms and conditions, including wages and other entitlements, and whether it allowed for lawful variations to the award terms. The Commission also examined if the agreement provided for a proper dispute resolution process.

In rendering its decision, the Commission found that the agreement met all statutory requirements and provided for the necessary minimum terms and conditions. The Commission noted that the agreement contained all the mandated minimum terms, such as wages, penalties, and other employment conditions, and allowed for lawful variations to award terms. Additionally, the Commission was satisfied with the dispute resolution provisions in the agreement, finding them to be adequate and compliant with the Act. Consequently, the Commission approved the agreement as a safety net agreement, ensuring that the terms and conditions provided were fair and met the legislative standards for the protection of employees.

The final orders of the Commission were that the Terrys Electrical Services Pty Ltd & ETU NSW/ACT HVAC Union Agreement 2024-2026 be approved as a safety net agreement, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will apply to the employees of Terrys Electrical Services Pty Ltd, providing them with the protections and entitlements required under the Fair Work Act.

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