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

[2024] FWCA 2074

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

(AG2024/1845)

GRA INFRA SERVICES PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 JUNE 2024

Application for approval of the GRA Infra Services 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 GRA Infra Services 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 5 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the GRA Infra Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The dispute involved the terms and conditions of employment for employees under the agreement, which needed to be assessed for compliance with the Fair Work Act 2009. The Commission had to determine if the agreement met the legal requirements for approval, including provisions on minimum wages, entitlements, working hours, and other employment standards.

The central legal issues before the Commission were whether the enterprise agreement adequately addressed the mandated minimum terms and conditions set out in the Fair Work Act, and whether any provisions within the agreement unfairly disadvantaged employees. The Commission examined the agreement's provisions on wages, penalty rates, leave entitlements, and other employment conditions to ensure they aligned with the statutory minimum standards. Additionally, the Commission assessed whether any terms were unduly harsh, unjust, or unreasonable, which could render the agreement non-compliant.

The Fair Work Commission found that the GRA Infra Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025 met the statutory requirements and did not include any unduly harsh, unjust, or unreasonable terms. The agreement provided for wages and conditions that were at least equivalent to the applicable awards and included provisions for various leave entitlements, overtime, and other benefits that complied with the Fair Work Act. The Commission was satisfied that the agreement did not disadvantage employees and therefore approved it under section 234 of the Fair Work Act.

The final orders of the Commission were that the GRA Infra Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025 be approved and registered, effective from the date of the decision. This approval ensures that the terms of the agreement govern the employment conditions of the employees covered by the agreement, subject to the statutory rights and entitlements provided under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established