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

[2023] FWCA 1930

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

(AG2023/2042)

BJT ELECTRICAL GROUP PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2023

Application for approval of the BJT Electrical Group Pty Ltd & 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 BJT Electrical Group Pty Ltd & 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

In the recent case before the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the BJT Electrical Group Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The agreement in question was submitted to the Commission by the union as an enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval and whether it complied with the provisions of the Act.

The legal issues before the Commission included whether the agreement had been made in good faith, whether it was appropriately certified by an independent person, and whether it contained all the mandatory terms and conditions as required by the Fair Work Act. Additionally, the Commission considered whether the agreement provided for the proper operation of the enterprise and if it was consistent with the national workplace relations system.

The Commission found that the agreement was made in good faith and was certified by an independent person. It was determined that the agreement contained all the necessary mandatory terms and conditions and was consistent with the national workplace relations system. The Commission also found that the agreement provided for the proper operation of the enterprise and did not contain any provisions that were contrary to public policy. As a result, the Commission approved the agreement, which will now be in effect for the period of 2021 to 2025.

The Fair Work Commission approved the BJT Electrical Group Pty Ltd & ETU Enterprise Agreement 2021 – 2025, confirming its compliance with the Fair Work Act and its provisions. The agreement will now regulate the employment conditions of the employees within the scope of the enterprise for the next four years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established