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

[2024] FWCA 1571

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

(AG2024/1323)

AVRUS SOLUTIONS & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 APRIL 2024

Application for approval of the Avrus Solutions & 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 Avrus Solutions & 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.

While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of 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.

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 30 April 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 applied for approval of the Avrus Solutions & ETU Enterprise Agreement 2021 – 2025. The union argued that the agreement contained appropriate mechanisms for resolving workplace disputes and ensuring fair and equitable treatment of employees.

The central legal issue for the Commission was whether the agreement contained appropriate mechanisms for resolving workplace disputes and ensuring fair and equitable treatment of employees. The Commission needed to consider whether the agreement provided for an effective dispute resolution process and whether it contained appropriate provisions for the protection of employees' rights and interests.

The Commission found that the agreement contained appropriate mechanisms for resolving workplace disputes and ensuring fair and equitable treatment of employees. The Commission noted that the agreement provided for an effective dispute resolution process, which included provisions for mediation and conciliation, and provided for the protection of employees' rights and interests. The Commission was satisfied that the agreement met the requirements of the Fair Work Act 2009 and approved the agreement. The Commission made an order approving the Avrus Solutions & ETU Enterprise Agreement 2021 – 2025 as a registered agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established