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

[2023] FWCA 2916

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

(AG2023/2933)

DATAVOICE ELECTRICAL SERVICES PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2023

Application for approval of the Datavoice Electrical Services 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 Datavoice Electrical Services 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 written undertakings, a copy of which is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that they will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings 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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 11 September 2023 and, in accordance with s 54, it will operate from 18 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 applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") applied to the Fair Work Commission for approval of the Datavoice Electrical Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025. Datavoice Electrical Services Pty Ltd (the "Employer") and the ETU (the "Employees") were parties to the proposed agreement. The Union sought approval of the agreement under the Fair Work Act 2009. The Union argued that the agreement met the requirements for registration under the Act, including that it facilitated the improvement of employees' work conditions and met the requirements of the "better off overall test".

The primary legal issue was whether the agreement complied with the relevant statutory requirements and whether it was in the interests of the employees. The court had to determine if the agreement contained all the necessary terms and conditions, and if it provided employees with a better overall package than the relevant award or safety net. The court also considered whether the agreement was made in good faith and whether it provided for proper dispute resolution mechanisms.

The Fair Work Commission found that the agreement met all the necessary statutory requirements and was in the best interests of the employees. The agreement contained all the necessary terms and conditions and provided employees with a better overall package than the relevant award or safety net. The court was satisfied that the agreement was made in good faith and provided for proper dispute resolution mechanisms. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions for the employees.

No further orders were made by the Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established