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

[2024] FWCA 2215

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

(AG2024/1989)

BSECC PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2024

Application for approval of the BSECC 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 BSECC 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 before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the BSECC Pty Ltd & ETU Enterprise Agreement 2021-2025. The primary issue at hand was whether the agreement met the requirements under the Fair Work Act 2009 to be considered a lawful and valid enterprise agreement. This included assessing if the agreement was made in good faith, covered the requisite bargaining period, and was free from any illegal provisions or unfair practices.

The legal issues that the court had to decide revolved around the validity of the bargaining process, the compliance of the agreement with the Fair Work Act, and whether the agreement contained any unfair or unlawful terms. The union argued that the agreement was the result of genuine bargaining and that all procedural requirements were fulfilled. Conversely, there were concerns raised about potential procedural irregularities and the fairness of certain terms included in the agreement.

The court conducted a thorough examination of the bargaining process and the content of the agreement. It found that the union had engaged in good faith bargaining and that the agreement was made within the stipulated timeframe. Additionally, the court concluded that while some terms were contentious, they did not render the entire agreement unlawful or unfair. Therefore, the court approved the application for the agreement to be registered, affirming its validity and compliance with the legislative requirements. The court's decision was based on a detailed analysis of the evidence presented and the applicable legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established