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

[2023] FWCA 1919

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

(AG2023/2017)

HOF ELECTRICAL & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2023

Application for approval of the HOF Electrical & 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 HOF Electrical & ETU Enterprise Agreement 2021 – 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 28 June 2023 and, in accordance with s 54, 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 for approval of the HOF Electrical & ETU Enterprise Agreement 2021 – 2025 (the agreement). The applicant sought to have the agreement approved under the transitional provisions of section 229 of the Fair Work Act 2009. The applicant argued that the agreement complied with the requirements for transitional approval, including that it had been fairly and properly negotiated, and that the approval of the agreement was in the interests of the national system.

The main legal issue before the Commission was whether the agreement met the criteria for transitional approval. This involved assessing whether the agreement was fairly and properly negotiated and whether its approval was in the interests of the national system. The Commission also had to consider whether the agreement complied with the Fair Work (Transitional Provisions) Regulations 2009.

The Commission found that the agreement had been fairly and properly negotiated, and that its approval was in the interests of the national system. The Commission noted that the agreement provided for a comprehensive and balanced set of terms and conditions, including provisions for pay and conditions, dispute resolution, and other matters. The Commission was satisfied that the agreement complied with the relevant legislative provisions and that its approval would not have an adverse effect on the national system. Accordingly, the Commission approved the agreement under the transitional provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established