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

[2023] FWCA 2837

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

(AG2023/2911)

OMEGA NETWORK PTY LTD & ETU GREENFIELDS ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 SEPTEMBER 2023

Application for approval of the Omega Network Pty Ltd & ETU Greenfields 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 Omega Network Pty Ltd & ETU Greenfields 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 5 September 2023 and, in accordance with s 54, will operate from 12 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 the approval of the Omega Network Pty Ltd and ETU Greenfields Enterprise Agreement 2021 – 2025. The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), sought approval of the enterprise agreement as a registered agreement under the Fair Work Act 2009. The Union argued that the agreement met the statutory requirements for registration and would provide appropriate protections and benefits for the employees covered by the agreement. The applicant's case was opposed by the employer, Omega Network Pty Ltd, which argued that the agreement contained provisions that were unfair and not in the best interests of the employees.

The central legal issues before the Commission were whether the agreement met the statutory criteria for registration and whether the agreement contained any unfair provisions that would prevent it from being approved. The Commission had to consider whether the agreement provided appropriate protections and benefits for the employees and whether the process leading to the agreement's creation was fair and reasonable. The Commission also had to consider whether any provisions in the agreement were contrary to public policy or otherwise unenforceable.

In making its decision, the Commission considered the submissions of both parties and the evidence presented. The Commission found that the agreement met the statutory criteria for registration and did not contain any unfair provisions. The Commission noted that the agreement provided appropriate protections and benefits for the employees and that the process leading to the agreement's creation was fair and reasonable. The Commission also found that none of the provisions in the agreement were contrary to public policy or otherwise unenforceable. The Commission approved the agreement as a registered agreement under the Fair Work Act 2009.

The Fair Work Commission approved the Omega Network Pty Ltd and ETU Greenfields Enterprise Agreement 2021 – 2025 as a registered agreement under the Fair Work Act 2009. The Commission found that the agreement met the statutory criteria for registration and did not contain any unfair provisions. The Commission noted that the agreement provided appropriate protections and benefits for the employees and that the process leading to the agreement's creation was fair and reasonable. The agreement will now be registered and will apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established