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

[2024] FWCA 1148

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

(AG2024/898)

I BUILD CONSULTING PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 APRIL 2024

Application for approval of the I Build Consulting 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 I Build Consulting 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 2 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of an industrial agreement between I Build Consulting Pty Ltd and the ETU NSW/ACT Construction Union Agreement 2022-2025. The case was heard in the Fair Work Commission, where the union and the employer sought to have their agreement recognised and approved as a registered agreement under the Fair Work Act 2009. The union and the employer argued that the agreement contained provisions that were not in the best interest of the employees and that it did not comply with the relevant industrial laws.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the Commission had to consider whether the agreement contained terms and conditions that were fair and reasonable, and whether it complied with the procedural requirements for registration. The Commission also had to consider whether the agreement contained provisions that were not in the best interests of the employees, and whether the union had acted in accordance with its duties and obligations under the Act.

The Commission found that the agreement contained provisions that were not in the best interests of the employees and that it did not comply with the relevant industrial laws. The Commission noted that the agreement contained provisions that were not consistent with the Fair Work Act and that the union had not acted in accordance with its duties and obligations under the Act. The Commission also found that the employer had not provided sufficient evidence to demonstrate that the agreement was in the best interests of the employees. Accordingly, the Commission refused to approve the agreement and ordered the union and the employer to take steps to ensure that the agreement complied with the Fair Work Act.

The Fair Work Commission refused to approve the I Build Consulting Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025, and ordered the union and the employer to take steps to ensure that the agreement complied with the Fair Work Act. The Commission also ordered the union to provide further information to the Commission about the agreement and the employer to provide evidence that the agreement was in the best interests of the employees. The Commission's decision provides guidance to employers and unions about the requirements for approving industrial agreements under the Fair Work Act.

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