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

[2024] FWCA 691

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

(AG2024/325)

EASTERN ELECTRICAL COMMERCIAL PTY LTD & ETU GREENFIELDS AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 FEBRUARY 2024

Application for approval of the Eastern Electrical Commercial Pty Ltd & ETU Greenfields 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 Eastern Electrical Commercial Pty Ltd & ETU Greenfields Agreement 2021 – 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.

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.

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 21 February 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Eastern Electrical Commercial Pty Ltd & ETU Greenfields Agreement 2021 – 2025. The dispute centred on whether the agreement should be approved, considering the union's application and the submissions from the employer. The Commission was tasked with determining whether the agreement met the necessary legal criteria for approval.

The key legal issues before the Commission were whether the agreement was made in good faith, provided for efficient and flexible workplace arrangements, and included provisions for minimum rates of pay and other terms and conditions that met the safety net. The Commission also had to consider whether the agreement was in the best interests of the employees and the employer, and whether it complied with relevant legislation. The employer raised concerns about the agreement's terms and conditions, particularly in relation to pay rates and job classifications.

The Commission found that the agreement was made in good faith and provided for efficient and flexible workplace arrangements. While acknowledging the employer's concerns about certain provisions, the Commission determined that the agreement met the safety net and was in the best interests of the employees and the employer. The Commission approved the agreement, emphasising the importance of balancing the interests of both parties while ensuring that employees received fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the Eastern Electrical Commercial Pty Ltd & ETU Greenfields Agreement 2021 – 2025, subject to the terms and conditions set out in the decision. The decision highlights the Commission's role in ensuring that workplace agreements are fair, reasonable, and in the best interests of both employers and employees.

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