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

[2023] FWCA 2240

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

(AG2023/2327)

APPLICATION FOR APPROVAL OF THE NATIONAL CABLE INSTALLATIONS PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022 - 2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 19 JULY 2023

Application for approval of the NATIONAL CABLE INSTALLATIONS Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

An application has been made for approval of an enterprise agreement known as the NATIONAL CABLE INSTALLATIONS 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.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 July 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 applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for an enterprise agreement in the Federal Circuit Court. The agreement, titled the National Cable Installations Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025, was contested by the respondent, National Cable Installations Pty Ltd. The central dispute revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009.

The court was required to determine if the agreement was a bona fide enterprise agreement, if it had been genuinely negotiated between the parties, and if it contained certain mandatory terms as stipulated by the Act. Additionally, the court needed to ensure that the agreement did not negatively affect employees in a manner that was unfair or detrimental to their interests. The court also considered if the agreement provided for a fair and reasonable method for resolving disputes between the parties.

In reaching its decision, the court examined the evidence provided by both parties, including submissions on the negotiation process and the terms of the agreement. The court found that the agreement was indeed a bona fide enterprise agreement and had been genuinely negotiated. It was also determined that the agreement contained all mandatory terms and did not unfairly disadvantage employees. Furthermore, the court was satisfied that the agreement included a fair and reasonable method for resolving disputes. Consequently, the court approved the agreement under the Fair Work Act.

The final orders of the court included the approval of the National Cable Installations Pty Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 as a registered agreement, effective from the date of the court’s decision. The agreement was to be lodged with the Fair Work Commission for registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established