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

[2023] FWCA 3067

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

(AG2023/3150)

E & M FIRE SOLUTIONS PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2023

Application for approval of the E & M Fire 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 E & M Fire Solutions Pty Ltd & ETU Enterprise 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 September 2023 and, in accordance with s 54, 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 Fair Work Commission involved an application for approval of the E & M Fire Solutions Pty Ltd & ETU Enterprise Agreement 2021-2025. The dispute centred around the union's application for the agreement to be made a registered instrument under the Fair Work Act 2009. The Fair Work Commission was tasked with considering the merits of the agreement and determining whether it should be approved.

The legal issues the court had to address included whether the agreement met the requirements of the Fair Work Act, specifically whether it contained the necessary safety net provisions and was free from prohibited content. The union argued that the agreement was fair and reasonable and provided for appropriate safety net terms, while the employer raised concerns about the potential impact of certain provisions on operational flexibility. The court needed to balance the interests of the employees, represented by the union, with those of the employer.

In its decision, the Fair Work Commission found that the agreement contained all the necessary safety net provisions and was free from prohibited content. The court considered the evidence provided by both parties and assessed the fairness and reasonableness of the agreement. The Commission determined that the agreement met the statutory requirements and approved it as a registered instrument. The Commission noted that the agreement provided for appropriate safety net terms and did not contain any provisions that would unduly restrict the employer's operational flexibility.

The Fair Work Commission approved the E & M Fire Solutions Pty Ltd & ETU Enterprise Agreement 2021-2025 as a registered instrument under the Fair Work Act 2009. This decision ensures that the agreement will provide a fair and reasonable framework for the employment relationship between the employer and the employees represented by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established