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

[2024] FWCA 1600

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

(AG2024/1375)

MDE GROUP PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2024-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 MAY 2024

Application for approval of the MDE Group 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 MDE Group Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 and 188 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 2 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on the one hand, and the MDE Group Pty Ltd, along with the ETU NSW/ACT Construction Union, on the other. The dispute concerns the approval of the MDE Group Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025. The case was heard in the Fair Work Commission. The primary legal issue before the court was whether the agreement reached between the parties adhered to the statutory requirements under the Fair Work Act 2009 and if it met the necessary conditions for being deemed a protected action agreement. The court needed to examine if the agreement was made in good faith and if it complied with all relevant provisions of the Act.

The court undertook a comprehensive review of the agreement, considering both the procedural and substantive elements. Procedurally, the court assessed whether the agreement was negotiated in good faith and if the process followed the necessary protocols as outlined in the Fair Work Act. Substantively, the court examined the content of the agreement to determine if it included all the mandatory terms required by the Act and if it was fair and reasonable. The court also considered the impact of the agreement on employees, employers, and the broader industrial relations environment. After thorough analysis, the court concluded that the agreement was indeed negotiated in good faith, complied with all statutory requirements, and was fair and reasonable. Therefore, the court approved the agreement as a protected action agreement under the Fair Work Act.

The final orders of the court included the approval of the MDE Group Pty Ltd & ETU NSW/ACT Construction Union Agreement 2024-2025 as a protected action agreement. The court found that the agreement met all the necessary legal criteria and was in the best interest of the parties involved. The approval allowed the agreement to have the full protection of the Act, ensuring that the terms and conditions set out would be enforceable. The decision provided clarity and certainty for both the union and the employer, facilitating a stable industrial relations environment for the period covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established