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

[2024] FWCA 1935

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

(AG2024/1683)

ACE DATA SOLUTIONS PTY LTD & ETU GREENFIELDS AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2024

Application for approval of the ACE Data Solutions Pty Ltd & ETU Greenfields 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 ACE Data Solutions Pty Ltd & ETU Greenfields Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

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.

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. Subject to the undertaking, 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 28 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") sought approval of the ACE Data Solutions Pty Ltd & ETU Greenfields Agreement 2021 – 2025 (the "Agreement"). The dispute arose in the Fair Work Commission (the "Commission"), where the Union applied for the approval of the Agreement as a registered instrument under the Fair Work Act 2009.

The central legal issue before the Commission was whether the Agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the Agreement provided for fair and reasonable terms and conditions of employment for the employees covered by it, and if the Agreement was in the best interests of the employees. The Commission also needed to consider whether the Agreement complied with the principles of enterprise bargaining as outlined in the Fair Work Act.

In delivering its decision, the Commission found that the Agreement contained terms and conditions that were fair and reasonable for the employees covered by it. The Commission noted that the Agreement included provisions for minimum rates of pay, entitlements, and conditions of employment that were consistent with industry standards. The Commission also found that the Agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment, and that it complied with the principles of enterprise bargaining as outlined in the Fair Work Act. Based on these findings, the Commission approved the Agreement as a registered instrument under the Fair Work Act.

The Fair Work Commission approved the ACE Data Solutions Pty Ltd & ETU Greenfields Agreement 2021 – 2025 as a registered instrument under the Fair Work Act. The Agreement will now be binding on the employees and employers covered by it, and will provide for the terms and conditions of employment for those employees for the duration of the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established