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

[2024] FWCA 907

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

(AG2024/582)

DALY'S CONSTRUCTIONS (AUST) PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 MARCH 2024

Application for approval of the Daly's Constructions (Aust) Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023

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 Daly’s Constructions (Aust) Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 and 188 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 13 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the Enterprise Agreement between Daly's Constructions (Aust) Pty Ltd and the Electrical Trades Union Powerline (ETU Powerline) for the period 2020 to 2023. The application was heard in the Fair Work Commission, the body responsible for regulating and approving enterprise agreements in Australia. The union and the employer had negotiated the terms of the agreement, which outlined various aspects of employment, including wages, conditions, and dispute resolution mechanisms. The union sought approval from the Commission to ensure the agreement's provisions were fair and reasonable.

The legal issues before the Commission centred on whether the Enterprise Agreement met the statutory requirements set out in the Fair Work Act 2009. This involved assessing whether the agreement was "better off overall" for the employees, considering factors such as wages, conditions, and other benefits. The Commission also needed to determine if the agreement had been made in good faith and whether it complied with any relevant award or other industrial instrument. Additionally, the Commission considered whether the agreement appropriately provided for the resolution of disputes and the protection of employees' rights.

The Commission found that the Enterprise Agreement met the statutory criteria for approval. It concluded that the agreement was better off overall for the employees, as it provided for wage increases and improved working conditions. The Commission also determined that the agreement was made in good faith and complied with the relevant industrial instruments. Furthermore, the agreement included provisions for the resolution of disputes and the protection of employees' rights, which met the requirements of the Fair Work Act. Therefore, the Commission approved the Enterprise Agreement, allowing it to come into effect as negotiated between the parties.

The Fair Work Commission approved the Daly's Constructions (Aust) Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023. The Commission determined that the agreement was better off overall for the employees, made in good faith, and compliant with relevant industrial instruments. The agreement was also found to adequately provide for the resolution of disputes and the protection of employees' rights. As a result, the agreement was approved and can now be implemented between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established