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

[2024] FWCA 845

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

(AG2024/508)

CARRINGTONS ELECTRICAL PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MARCH 2024

Application for approval of the Carringtons Electrical 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 Carringtons Electrical Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 6 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for approval of an enterprise agreement between the Union and Carringtons Electrical Pty Ltd, as well as the ETU NSW/ACT Construction Union. The dispute was brought before the Fair Work Commission, the tribunal responsible for overseeing the approval of enterprise agreements in Australia.

The primary legal issue before the tribunal was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the tribunal needed to determine if the agreement was made in good faith, was free from any form of coercion or undue influence, and provided for the proper protection of the interests of the employees covered by the agreement. Additionally, the tribunal had to ensure that the agreement complied with all relevant provisions of the Fair Work Act, including those related to minimum entitlements and the rights of employees to be represented.

The tribunal considered the evidence presented by both parties, including the terms of the proposed agreement, the process by which it was negotiated, and any relevant background information. After carefully reviewing the evidence, the tribunal found that the agreement met all the necessary criteria for approval. The tribunal was satisfied that the agreement was made in good faith, free from coercion or undue influence, and provided for the proper protection of the interests of the employees. Furthermore, the tribunal determined that the agreement complied with all relevant provisions of the Fair Work Act.

Accordingly, the tribunal approved the proposed enterprise agreement, and it will now be binding on all employees and employers covered by the agreement. This decision provides clarity and certainty for the parties involved, ensuring that the agreement will be implemented in a fair and effective manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established