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

[2023] FWCA 2583

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

(AG2023/2615)

CORE TALENT PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
COMMISSIONER TRAN	MELBOURNE, 16 AUGUST 2023

Application for approval of the Core Talent Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

An application has been made for approval of an enterprise agreement known as the Core Talent Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

On 11 August 2023, I made enquiries to the parties regarding two matters to assist me in determining whether each of the requirements of ss. 186, 187 and 188 were met, being:

i.Whether employees were provided with a reasonable opportunity to consider the proposed agreement, which included material incorporated by reference in the agreement, namely the Electrical, Electronic and Communications Contracting Award 2020; and

ii.Whether employees were informed of the time place and method for the vote within such other reasonable time before the day on which voting starts as is agreed with one or more employee organisation(s) acting as bargaining representative(s) for a significant proportion of the employees to be covered by the agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, with the consent of the employer, Core Talent Pty Ltd, provided information that did satisfy me and having regard to Fair Work (Statement of Principles on Genuine Agreement) Instrument 2023, and in particular paragraphs [4] – [7], and paragraph 16(b).

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 August 2023. The nominal expiry date of the Agreement is 31 October 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of a workplace agreement between Core Talent Pty Ltd and the ETU NSW/ACT Construction Union for the period 2022-2025. The application was heard by the Fair Work Commission. The central issue before the Commission was whether the agreement complied with the Fair Work Act 2009 and the relevant provisions of the Fair Work Regulations 2009.

The Fair Work Commission examined whether the agreement met the statutory requirements for approval, including whether it contained the minimum entitlements as outlined in the Fair Work Act, and whether the agreement was made in good faith and without coercion. The Commission also assessed if the agreement facilitated efficient and productive workplace relations and whether it aligned with the objectives of the Act. The Court considered submissions from both parties and relevant precedents.

In its decision, the Fair Work Commission found that the agreement satisfied the necessary criteria for approval. The Commission noted that the agreement provided for minimum entitlements and included provisions that facilitated efficient and productive workplace relations. The Commission was satisfied that the agreement was made in good faith and without any element of coercion. Consequently, the application for approval was granted.

The final orders of the Fair Work Commission included the approval of the Core Talent Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions of the relevant employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established