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

[2024] FWCA 1413

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

(AG2024/1192)

SCARLETT SERVICES AUSTRALIA PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 APRIL 2024

Application for approval of the Scarlett Services Australia 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 Scarlett Services Australia 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 before the Fair Work Commission concerned an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Scarlett Services Australia Pty Ltd. The union had submitted the proposed agreement for approval, which outlined the terms and conditions of employment for the employees covered by the agreement. The central issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test" which assesses whether the proposed agreement provides employees with a better overall package of terms and conditions compared to their existing conditions.

The Commission considered the evidence presented by both parties and assessed whether the agreement provided employees with a better overall package of terms and conditions of employment. The Commission evaluated the evidence on pay rates, hours of work, leave entitlements, and other conditions of employment. The Commission found that the proposed agreement provided employees with a better overall package of terms and conditions compared to their existing conditions. The Commission approved the enterprise agreement, noting that it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the Scarlett Services Australia Pty Ltd & ETU Enterprise Agreement 2021 – 2025, finding that it met the better off overall test and provided employees with a better overall package of terms and conditions of employment. The approved agreement will now apply to the employees covered by the agreement for the period of 2021 to 2025. The decision of the Commission is final and binding, and may not be challenged in any court or tribunal except on limited grounds of review.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established