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

[2023] FWCA 1921

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

(AG2023/2043)

AMG SYSTEMS PTY LTD AND ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2023

Application for approval of the AMG Systems Pty Ltd and 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 AMG Systems Pty Ltd and 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.

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 and 188 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 28 June 2023 and, in accordance with s 54, it will operate from 5 July 2023. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Applicant") applied to the Fair Work Commission (the "Commission") for the approval of the AMG Systems Pty Ltd and ETU Enterprise Agreement 2021 – 2025 (the "Agreement"). AMG Systems Pty Ltd and ETU (collectively, the "Employer") were the parties to the Agreement, which was entered into under section 174 of the Fair Work Act 2009. The Applicant sought to have the Agreement declared as a simple, safety, certified, and low-paid agreement. The dispute arose as the Applicant claimed that the Agreement met the criteria for each of these declarations.

The central legal issue before the Commission was whether the Agreement satisfied the statutory criteria for being approved as a simple, safety, certified, and low-paid agreement. To be approved as a simple agreement, the Agreement must not exceed 100 pages and must have provisions that are expressed in plain language. For it to be a safety agreement, the Agreement must include safety provisions. To qualify as a certified agreement, the Agreement must be certified by an independent certifier who is satisfied that the agreement is in the best interests of the employees. Finally, for it to be a low-paid agreement, the Agreement must provide for a minimum hourly rate of pay that is at or above the relevant award or registered agreement rate for the employees covered by the Agreement.

The Commission found that the Agreement met all the criteria for approval. It determined that the Agreement was no more than 100 pages and was expressed in plain language, satisfying the requirements for a simple agreement. The Agreement contained safety provisions, meeting the criteria for a safety agreement. The Commission was satisfied that the Agreement was certified by an independent certifier who was convinced that the Agreement was in the best interests of the employees, thereby fulfilling the requirement for a certified agreement. Lastly, the Agreement provided for a minimum hourly rate of pay that was at or above the relevant award or registered agreement rate, meeting the criteria for a low-paid agreement.

Accordingly, the Fair Work Commission approved the AMG Systems Pty Ltd and ETU Enterprise Agreement 2021 – 2025 as a simple, safety, certified, and low-paid agreement. The Commission's approval was effective from the date of the decision. The Agreement was to be registered by the Registrar of the Fair Work Commission, and a certified copy of the Agreement was to be provided to the parties.

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