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

[2024] FWCA 588

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

(AG2024/220)

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

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 FEBRUARY 2024

Application for approval of the SCEE 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 SCEE 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).

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.

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 12 February 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for a proposed industrial agreement between SCEE Electrical Pty Ltd and the ETU NSW/ACT Construction Union for the period 2022 to 2025. The application was heard in the Fair Work Commission, where the union argued that the agreement contained fair and reasonable terms and conditions for the employees covered by it.

The primary legal issue before the Commission was whether the agreement met the criteria for approval as set out in the Fair Work Act. Specifically, the Commission had to determine whether the agreement provided for terms and conditions that were fair and reasonable, and whether it complied with the provisions of the Fair Work Act and the relevant industrial instruments. The Commission also had to consider whether the agreement provided for the protection of employees' rights and interests.

In reaching its decision, the Commission considered the evidence and submissions presented by the parties. It found that the agreement contained terms and conditions that were fair and reasonable, and that it complied with the relevant provisions of the Fair Work Act. The Commission also found that the agreement provided for the protection of employees' rights and interests, and that it was in the best interests of the employees covered by it. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the proposed industrial agreement between SCEE Electrical Pty Ltd and the ETU NSW/ACT Construction Union for the period 2022 to 2025. The Commission found that the agreement contained fair and reasonable terms and conditions, and that it complied with the relevant provisions of the Fair Work Act. The approval of the agreement ensures that the employees covered by it will have access to fair and reasonable terms and conditions of employment, and that their rights and interests are protected.

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