| [2024] FWCA 788 |
| 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
(AG2024/427)
HEALEY INFRASTRUCTURE PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 1 MARCH 2024 |
Application for approval of the Healey Infrastructure 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 Healey Infrastructure 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.
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 1 March 2024.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE523708 PR771998>
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2024] FWCA 788
- Case
- [2024] FWCA 788
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed enterprise agreement was consistent with the requirements of the Fair Work Act, specifically whether it provided for minimum terms and conditions that were not less favourable than those stipulated in the relevant industrial instrument. This involved a detailed examination of the agreement's provisions to ensure compliance with the Act's provisions regarding minimum standards of pay and conditions, including any permissible flexibility or modernisation provisions. The Commission also considered the fairness and appropriateness of the agreement in the context of the specific industry and enterprise.
The Fair Work Commission found that the proposed enterprise agreement met the criteria under the Fair Work Act. The agreement provided for minimum rates of pay and conditions that were at least equal to the relevant industrial instrument. The Commission was satisfied that the agreement was fair and appropriate, taking into account the specific needs of the industry and enterprise. The Commission approved the application, confirming that the agreement was compliant with the Act and could be registered.
The Fair Work Commission approved the application for the registration of the Healey Infrastructure Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The agreement was deemed to be consistent with the requirements of the Fair Work Act and was registered as a registered agreement under the Act. This decision provided certainty and clarity for the parties involved, ensuring that the agreement would be legally binding and enforceable.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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