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

[2023] FWCA 1916

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

(AG2023/1973)

CBI-ELECTRIC AUSTRALIA ENTERPRISE AGREEMENT 2023

Manufacturing and associated industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 JUNE 2023

Application for approval of the CBI-electric Australia Enterprise Agreement 2023

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 CBI-electric Australia Enterprise Agreement 2023 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 30 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the CBI-electric Australia Enterprise Agreement 2023. The application was made under the Fair Work Act 2009, and the dispute centred on whether the agreement met the legal requirements for approval, including compliance with the 'better off overall test' and the absence of any prohibited content. The Commission had to determine if the agreement would provide employees with a fair and reasonable set of conditions compared to the applicable award or safety net, and if it contained any terms that were unlawful or contrary to public policy.

The legal issues before the Commission included whether the agreement provided employees with a total remuneration package that was at least equal to what they would receive under the relevant award, and if the agreement contained any terms that were contrary to the public interest or prohibited by law. The Commission also had to consider whether the agreement had been made in good faith and whether it provided for appropriate dispute resolution mechanisms. Additionally, the Commission assessed whether the agreement complied with any other relevant legislative requirements.

In making its decision, the Commission found that the agreement met the 'better off overall test' and did not contain any terms that were contrary to public policy or prohibited by law. The Commission was satisfied that the agreement provided employees with a fair and reasonable set of conditions, and that it had been made in good faith. The Commission also found that the agreement provided for appropriate dispute resolution mechanisms and complied with all relevant legislative requirements. Accordingly, the Commission approved the agreement, and it will now be registered with the Fair Work Commission.

The Fair Work Commission approved the CBI-electric Australia Enterprise Agreement 2023, finding that it met the legal requirements for approval and provided employees with a fair and reasonable set of conditions. The Commission was satisfied that the agreement complied with the 'better off overall test' and did not contain any terms that were contrary to public policy or prohibited by law. The Commission also found that the agreement had been made in good faith and provided for appropriate dispute resolution mechanisms. The agreement will now be registered with the Fair Work Commission.

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