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

[2023] FWCA 1849

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

(AG2023/1896)

DARLEY GROUP AUSTRALIA LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 JUNE 2023

Application for approval of the Darley Group Australia Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025

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 Darley Group Australia Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025 (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 22 June 2023 and, in accordance with s 54, it will operate from 29 June 2023. The nominal expiry date of the Agreement is 31 October 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Darley Group Australia Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025. The parties involved in the dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members, and Darley Group Australia Ltd, an employer in the construction industry. The nature of the dispute was primarily focused on the terms and conditions of employment as outlined in the proposed agreement, which was to govern the relationship between the union and the employer over the period 2022 to 2025.

The legal issues that the Commission was required to decide involved the compliance of the proposed agreement with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement met the requirements for registration under the Act, including whether it provided for a fair and reasonable process for resolving disputes, and whether it adhered to the relevant minimum terms and conditions set by the Fair Work Act and the applicable award. Additionally, the Commission had to consider whether the agreement contained any terms that might be considered to undermine the rights of employees or to be unfair.

Upon reviewing the agreement, the Commission found that it complied with the necessary legal standards. The agreement provided for a fair and reasonable process for resolving disputes and adhered to the minimum terms and conditions. The Commission also noted that the terms of the agreement were not unfair and did not undermine the rights of employees. Consequently, the Commission approved the Darley Group Australia Ltd & ETU NSW/ACT Construction Union Agreement 2022-2025. This approval means that the agreement is now legally binding on the parties and can be used to govern the employment conditions of the union members in their dealings with the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established