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

[2024] FWCA 1555

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

(AG2024/1304)

NOW ENERGY PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 APRIL 2024

Application for approval of the Now Energy Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025

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 Now Energy Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (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 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application from the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) for approval of the Now Energy Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (the Agreement). This application was brought under section 185 of the Fair Work Act 2009, seeking validation for a greenfields agreement within the electrical contracting industry. The Agreement, which was reached with the ETU NSW/ACT Construction Union, is proposed to cover employees of Now Energy Pty Ltd.

The primary legal issues before the Deputy President were whether the CEPU was entitled to represent the majority of employees under the Agreement, whether the Agreement met the statutory requirements for approval, and whether approving the Agreement was in the public interest. The Deputy President needed to determine if the CEPU had the necessary standing to represent the employees, if the Agreement fulfilled all necessary legal criteria for approval, and if the public interest would be served by approving the Agreement.

In reaching the decision, the Deputy President found that the CEPU was entitled to represent the industrial interests of a majority of employees who would be covered by the Agreement, as required by section 187(5)(a) of the Act. Additionally, the Deputy President confirmed that all relevant requirements of sections 186 and 187 of the Act had been satisfied, including the public interest consideration. Consequently, the Deputy President approved the Agreement on 30 April 2024, affirming that it met all statutory requirements and served the public interest.

The final orders included the approval of the Now Energy Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025, effective as of 30 April 2024, recognising the CEPU's right to represent the employees and affirming the Agreement's compliance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established