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

[2024] FWCA 1411

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

(AG2024/1190)

BOOOSST ELECTRICAL, DATA & SECURITY PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 APRIL 2024

Application for approval of the Booosst Electrical, Data & Security 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 Booosst Electrical, Data & Security 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 an application for the approval of a proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Boost Electrical, Data & Security Pty Ltd (the Employer). The application was brought before the Fair Work Commission, which is tasked with overseeing the approval of enterprise agreements to ensure they meet certain legal requirements and standards. The Union and the Employer had entered into a proposed enterprise agreement, which included terms and conditions for the employees of the Employer. The Union sought the Commission's approval of this agreement, which would then need to be registered with the Fair Work Commission.

The primary legal issues before the Commission involved determining whether the proposed agreement complied with the provisions of the Fair Work Act 2009, including the requirements for procedural fairness, and whether it contained any provisions that were contrary to the public interest. The Commission had to consider whether the agreement had been made in accordance with the relevant provisions of the Act, and whether the necessary procedural steps had been followed. Additionally, the Commission had to ensure that the agreement did not contain any terms that would be contrary to the public interest, such as terms that would undermine the rights of employees or promote unfair practices.

After considering the evidence and submissions presented by the Union and the Employer, the Commission found that the proposed agreement had been made in accordance with the relevant provisions of the Act and that the necessary procedural steps had been followed. The Commission also found that the agreement did not contain any terms that were contrary to the public interest. The Union had provided the necessary information and notice to its members, and the agreement had been made in good faith. The Commission was satisfied that the agreement was fair and reasonable, and that it met the requirements of the Act. The Commission approved the proposed agreement and it was subsequently registered with the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established