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

[2024] FWCA 1409

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

(AG2024/1189)

NORTHSIDE ELECTRICAL CONTRACTORS PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 APRIL 2024

Application for approval of the Northside Electrical Contractors 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 Northside Electrical Contractors 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

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Electrical Trades Union of Australia, the Fair Work Commission was called upon to consider the application for approval of the Northside Electrical Contractors Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The primary dispute centred on the terms of the proposed enterprise agreement and its compliance with relevant legislative standards. The application was brought forth by the union, which sought approval for the agreement that had been negotiated with the employer.

The court was tasked with determining several key legal issues. These included whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009, particularly regarding the process by which the agreement was formed, and whether it contained provisions that were contrary to public policy or unfair to employees. Another significant issue was the assessment of the agreement’s compliance with the safety net provisions and its overall fairness.

Upon examining the agreement, the court considered the negotiation process and found it to be in accordance with the statutory requirements. It was noted that the agreement had been negotiated in good faith and included provisions that were not only fair to both parties but also aligned with the legislative standards. The court also found that the agreement did not contravene any public policy or contain any unfair provisions. Furthermore, the court confirmed that the agreement adhered to the safety net provisions and was deemed to be fair and reasonable. Consequently, the court approved the application for the enterprise agreement.

The final orders of the court were to approve the Northside Electrical Contractors Pty Ltd & ETU Enterprise Agreement 2021 – 2025, confirming its compliance with the relevant legislative requirements and its fairness to both the employer and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established