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

[2024] FWCA 1414

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

(AG2024/1193)

LGC ELECTRICAL PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 APRIL 2024

Application for approval of the LGC Electrical Pty Ltd & 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 LGC Electrical Pty Ltd & 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.

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 18 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and LGC Electrical Pty Ltd. The union sought approval of the Enterprise Agreement 2021–2025, which it had negotiated with the company. The application was heard by the Fair Work Commission, which has the jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The union argued that the agreement met the criteria for approval, while the company contested its approval on various grounds, including concerns about the agreement's compliance with the law and its impact on the business.

The key legal issues before the Commission were whether the agreement was a genuine enterprise agreement and whether it complied with the relevant provisions of the Act. The union had to demonstrate that the agreement was genuinely negotiated between the parties, and that it contained the necessary terms and conditions for its approval. The company had to show that the agreement did not contravene any legal requirements and did not have an adverse impact on the business. The Commission had to balance the rights of the parties under the Act, while ensuring that the agreement was fair and reasonable.

After considering the evidence and submissions from both parties, the Commission found that the agreement was a genuine enterprise agreement that complied with the requirements of the Act. The Commission held that the union had demonstrated that the agreement had been negotiated in good faith, and that it contained the necessary terms and conditions for its approval. The Commission also found that the agreement did not contravene any legal requirements and did not have an adverse impact on the business. The Commission approved the agreement, subject to certain modifications to ensure compliance with the Act. The company was ordered to implement the agreement in accordance with the terms and conditions set out in the approved agreement.

The Fair Work Commission approved the Enterprise Agreement 2021–2025, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The company was ordered to implement the agreement in accordance with the terms and conditions set out in the approved agreement. The union was entitled to enforce the agreement against the company, and the company was entitled to enforce the agreement against the union and its members. The decision provides guidance on the criteria for the approval of enterprise agreements and the rights and obligations of the parties under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established