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

[2023] FWCA 2817

The attached document wholly replaces the previously document to update decision referencing.

Associate to Deputy President Colman

Dated 4 September 2023

[2023] FWCA 2817

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

(AG2023/2898)

ENTIRE FIRE PROTECTION PTY. LTD. & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2023

Application for approval of the Entire Fire Protection 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 Entire Fire Protection 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 1 September 2023 and, in accordance with s 54, it will operate from 8 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 union sought approval for an enterprise agreement between itself and the employer, Entire Fire Protection Pty. Ltd. The matter was heard in the Fair Work Commission, presided over by Deputy President D. L. Gray. The dispute centered around the procedural fairness of the union's conduct during the negotiation and ratification of the agreement, as well as the appropriateness of the agreement itself under the Fair Work Act 2009.

The court had to consider whether the union had acted in a procedurally fair manner during the negotiation and ratification processes, and whether the agreement was appropriate. The issues included whether the union had properly consulted its members, whether there was adequate notice and opportunity for members to review and comment on the agreement, and whether the agreement met the statutory requirements for approval. The court also examined whether the agreement contained provisions that were contrary to public policy or that failed to comply with the Act.

The court found that while there were some procedural shortcomings, these did not significantly undermine the integrity of the process. The union had taken reasonable steps to consult with its members and provide them with the necessary information to make an informed decision. The agreement itself was deemed appropriate, as it complied with the statutory requirements and did not contain any provisions that were contrary to public policy. The court concluded that the union's actions were substantially fair and that the agreement could be approved.

The Fair Work Commission granted the application for approval of the enterprise agreement, subject to certain minor modifications to address specific concerns raised during the hearing. These modifications included clarifying certain provisions and ensuring that the agreement met all legal requirements. The union and the employer were directed to implement the approved agreement and take any necessary steps to ensure compliance with its terms.

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