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

[2024] FWCA 1975

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

(AG2024/1711)

REVLEC MECHANICAL ELECTRICAL PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2024-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MAY 2024

Application for approval of the Revlec Mechanical Electrical Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025

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 Revlec Mechanical Electrical Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 30 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an industrial agreement between Revlec Mechanical Electrical Pty Ltd and the ETU NSW/ACT Construction Union Agreement for the years 2024-2025. The application was heard by the Fair Work Commission, which is the relevant federal tribunal in Australia for resolving workplace disputes and approving industrial agreements. The applicant sought the Commission's approval of the agreement under the Fair Work Act 2009, which mandates that certain agreements be approved by the Commission to be legally enforceable.

The primary legal issues the Commission had to address were whether the agreement complied with the requirements of the Fair Work Act and whether it met the standards of procedural fairness. The applicant needed to demonstrate that the agreement had been genuinely negotiated and that it provided for the fair and reasonable terms and conditions of employment. The Commission had to consider if the agreement was consistent with the provisions of the Act, including the modern awards that apply to the employees covered by the agreement.

The Fair Work Commission found that the agreement was fairly and genuinely negotiated and met the procedural fairness requirements. The Commission examined the process by which the agreement was developed and confirmed that both parties had participated in good faith. The Commission also reviewed the terms of the agreement against the relevant modern awards and determined that the agreement did not disadvantage the employees in terms of pay and conditions. Consequently, the Commission approved the agreement, finding that it provided for fair and reasonable terms and conditions of employment and complied with the provisions of the Fair Work Act.

The final orders of the Commission were to approve the ETU NSW/ACT Construction Union Agreement 2024-2025 between Revlec Mechanical Electrical Pty Ltd and the union. The agreement was to be deemed to have effect from the date of the Commission’s approval and to remain in force for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established