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

Case [2023] FWCA 2668


[2023] FWCA 2668

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

(AG2023/2831)

ABSOLUTE COMMISSIONING GROUP PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 22 AUGUST 2023

Application for approval of the Absolute Commissioning Group Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025

  1. 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 Absolute Commissioning Group Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

  1. 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.

  1. I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

  1. The Agreement was approved on 22 August 2023 and, in accordance with s 54, will operate from 29 August 2023. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT
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Details
AGLC
Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2023] FWCA 2668
Case
[2023] FWCA 2668
Decision Date

CaseChat Overview and Summary

The application for approval of the ETU NSW/ACT Construction Union Agreement 2022-2025 with Absolute Commissioning Group Pty Ltd was heard in the Fair Work Commission. The union sought to have the agreement approved under the Fair Work Act 2009. The legal issues before the court centred on whether the agreement met the criteria for approval under the Act and if it complied with the relevant provisions of the Fair Work (Registered Organisations) Act 2009.

The court examined the terms of the agreement to determine if they were consistent with the provisions of the Fair Work Act. It considered whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the requirements for direct representation of employees. The court also assessed if the agreement was made in good faith and if it contained provisions that were consistent with the broader objectives of the Act. Additionally, the court looked at whether the agreement provided for the fair and efficient resolution of workplace issues.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. It was satisfied that the agreement provided for fair and reasonable terms and conditions for employees and was made in good faith. The court also confirmed that the agreement complied with the direct representation requirements and included provisions that aligned with the objectives of the Fair Work Act. The agreement was approved, and it will now serve as the enterprise agreement for the specified period between the union and Absolute Commissioning Group Pty Ltd.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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