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

[2023] FWCA 3075

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

(AG2023/3240)

C.R ELECTRICAL SOLUTIONS PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2023

Application for approval of the C.R Electrical Solutions 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 C.R Electrical Solutions 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 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 21 September 2023 and, in accordance with s 54, it will operate from 28 September 2023. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the C.R Electrical Solutions Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The union sought approval of the agreement under the Fair Work Act 2009, aiming to ensure the terms and conditions of employment for workers were appropriately regulated. The application was heard by the Fair Work Commission, which is tasked with overseeing such agreements to balance the interests of employers, employees, and the broader community.

The central legal issue before the Commission was whether the proposed enterprise agreement met the statutory criteria for approval under the Fair Work Act. This involved examining whether the agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements set forth in the Act. Specifically, the Commission had to determine if the agreement was made in good faith, if it addressed the needs of the workforce, and if it adhered to the procedural fairness standards, including whether the union had properly consulted with its members and provided them with adequate information.

In reaching its decision, the Commission conducted a thorough analysis of the agreement, considering both the substantive and procedural aspects. The Commission found that the agreement was made in good faith and that it contained terms and conditions that were fair and reasonable. The union had demonstrated a proper process of consultation with its members, and the agreement was deemed to adequately address the needs of the workforce. Consequently, the Commission approved the enterprise agreement, finding it compliant with the statutory requirements under the Fair Work Act.

The Fair Work Commission approved the C.R Electrical Solutions Pty Ltd & ETU Enterprise Agreement 2021 – 2025, and the union is authorised to implement the terms of the agreement. This decision ensures that the agreement, which outlines the terms and conditions of employment for workers, is now legally binding between the union and the employer. The approval reflects the Commission's determination that the agreement meets the necessary legal standards and is in the best interests of the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established