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

[2024] FWCA 688

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

(AG2024/320)

CNG INSTALLATION GROUP PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 FEBRUARY 2024

Application for approval of the CNG Installation Group 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 CNG Installation Group 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.

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.

Subject to the undertaking referred to above, and 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, 188 and 190 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 21 February 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the court was presented with an application for approval of the CNG Installation Group Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The applicant union sought approval for the enterprise agreement, which had been negotiated with the employer, CNG Installation Group Pty Ltd. The application was made under the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement met the statutory requirements for registration under the Fair Work Act 2009 and if it was in the best interests of the employees. The court had to consider whether the agreement contained all the mandated terms and conditions, whether it provided for genuine bargaining, and if it was likely to result in improved working conditions and terms for the employees.

The court found that the enterprise agreement satisfied the statutory requirements for registration. The agreement included all the mandated terms and conditions as prescribed by the Fair Work Act 2009, and the process of negotiating the agreement demonstrated genuine bargaining. The court was satisfied that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. Consequently, the court approved the CNG Installation Group Pty Ltd & ETU Enterprise Agreement 2021 – 2025.

The final orders of the court were that the enterprise agreement be approved and registered under section 173 of the Fair Work Act 2009. The agreement was to be in effect from the date of the court's decision and would remain in force until it was terminated or replaced in accordance with the Act. The court's decision was based on the evidence presented and the legal principles governing the registration of enterprise agreements under the Fair Work Act 2009.

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