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

[2023] FWCA 2274

[2023] FWCA 2274

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

(AG2023/2292)

PREMIUM POWER GROUP PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT BOYCE	SYDNEY, 24 JULY 2023

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

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

1. The Applicant has requested, as part of the enterprise agreement approval process before me, that the Commission amend the Agreement (pursuant to s.586 of the Act) in the following respects:

   a)   Amending the title of the Agreement to “Premium Power Group Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025”;

   b)   Amending clause 3(a)(iv) of the Agreement such that “Company” is defined as “Premium Power Group Pty Ltd (AVN 40 650 469 284)”;

   c)   Amending clause 3(a)(vii) of the Agreement to bring it into line with the definition of the “Company”; and

   d)   Amending the footnote on each page of the Agreement to read “PREMIUM POWER GROUP PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025”

1. A corrected version of the Agreement reflecting the foregoing amendments has been filed with the Commission. I am satisfied that these amendments should be made, and that it is appropriate to do so. Pursuant to s.586 of the Act, I make the amendments.

Undertakings

1. The Employer has provided written undertakings dated 18 July 2023. Those undertakings are attached at Annexure A to this decision and become terms of the Agreement. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement (as compared to the relevant provisions of the Electrical, Electronic and Communications Contracting Award 2020), and that the undertakings will not result in substantial changes to the Agreement.

Coverage of employee organisation

1. The CEPU, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

Conclusion

1. Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188, 190, 193 and 193A of the Act, as are relevant to this application for approval, have been met.[1]

1. I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

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

DEPUTY PRESIDENT

Annexure A

[1]     The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act 2009 (FW Act), that commenced operation on 6 June 2023. Under transitional arrangements, amendments made by Part 14 of Schedule 1 to the Amending Act in relation to genuine agreement requirements for agreement approval applications apply where the notification time for the agreement was on or after 6 June 2023. The genuine agreement provisions in Part 2-4 of the FW Act, as it was just before 6 June 2023, continue to apply in relation to agreement approval applications where the notification time for the agreement was before 6 June 2023. The notification time for this Agreement was before 6 June 2023. Under transitional arrangements, amendments made by Part 16 of Schedule 1 to the Amending Act in relation to the better off overall test requirements for agreement approval applications apply where the agreement was made on or after 6 June 2023.  This Agreement was made after 6 June 2023. 

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