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

[2024] FWCA 2194

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

(AG2024/1948)

SME POWERED SERVICES (VIC) PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 JUNE 2024

Application for approval of the SME Powered Services (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 SME Powered Services (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 13 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and SME Powered Services (Vic) Pty Ltd. The Union sought approval of the SME Powered Services (Vic) Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (the Agreement). The dispute was heard by the Fair Work Commission (the Commission). The Union argued that the Agreement met the requirements of the Fair Work Act 2009 (Cth) for an enterprise agreement to be approved. SME Powered Services (Vic) Pty Ltd did not oppose the approval of the Agreement.

The primary legal issue before the Commission was whether the Agreement complied with the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the Agreement was made in good faith and if it contained the necessary minimum terms and conditions. The Union also needed to demonstrate that the Agreement had been appropriately negotiated and that appropriate steps were taken to inform employees of the proposed agreement.

In determining the matter, the Commission considered the provisions of the Fair Work Act and the evidence presented by the Union. The Commission found that the Agreement was appropriately negotiated in good faith and contained all the required minimum terms and conditions. The Union had taken appropriate steps to inform employees of the proposed agreement and had provided sufficient evidence to support its claim. The Commission was satisfied that the Agreement met all the statutory requirements for approval and approved the Agreement.

The Fair Work Commission approved the SME Powered Services (Vic) Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The Union's application for approval of the Agreement was granted.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established