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

[2024] FWCA 2221

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

(AG2024/1992)

PHASE PRO ELECTRICAL PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2024

Application for approval of the Phase Pro Electrical 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 Phase Pro Electrical 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 14 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter under consideration was an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Phase Pro Electrical Pty Ltd. The dispute was brought before the Fair Work Commission by the union, seeking to have the agreement ratified. The central issue before the court was whether the enterprise agreement met the necessary requirements under the Fair Work Act 2009 to be approved and registered. Specifically, the court needed to assess if the agreement had been made in good faith, if it contained the minimum terms and conditions as prescribed by the Act, and if it complied with other statutory requirements.

The court began by examining the process through which the agreement was negotiated and if it adhered to good faith obligations. It was crucial to determine whether both parties had engaged in genuine and meaningful negotiations, and if the union had provided adequate information and opportunity for discussion. The court also considered if the agreement contained all the mandated minimum terms and conditions, including those relating to wages, hours of work, and other employment conditions. Additionally, the court scrutinised whether the agreement had been made without coercion and if it allowed for fair and proper representation of the employees’ interests.

Upon thorough examination, the Fair Work Commission found that the enterprise agreement had been negotiated in good faith and included all the required minimum terms and conditions. The union had effectively communicated and negotiated with the employer, ensuring that employees had a voice in the agreement. The court concluded that the agreement was compliant with all statutory requirements and did not disadvantage the employees. As a result, the Fair Work Commission approved and registered the enterprise agreement, effective from the stipulated period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established