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

[2023] FWCA 1748

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

(AG2023/1837)

RADIUS ELECTRICAL PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 JUNE 2023

Application for approval of the Radius Electrical 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 Radius Electrical 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 16 June 2023 and, in accordance with s 54, it will operate from 23 June 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 matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between Radius Electrical Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement, which spanned from 2021 to 2025, sought to regulate employment conditions for employees of Radius Electrical. The application for approval was lodged under the Fair Work Act 2009, specifically seeking the Commission's determination that the agreement met the requirements for registration and enforcement.

The central legal issues addressed by the Commission centred on whether the enterprise agreement complied with the statutory criteria set out in the Fair Work Act, particularly whether it was made in good faith and whether it provided for the "better off overall test" (BOOT). This test required the Commission to determine whether employees were no worse off financially and had not lost any existing entitlements, while also considering whether the agreement included appropriate dispute resolution mechanisms.

In examining these issues, the Commission assessed the agreement's provisions against the legal standards. It considered the process through which the agreement was negotiated, the fairness of its terms, and its compliance with relevant industrial relations laws. The Commission found that the agreement was negotiated in good faith and that it met the BOOT. Additionally, the Commission was satisfied that the agreement provided for appropriate dispute resolution mechanisms. Consequently, the application for approval was granted, and the enterprise agreement was registered.

As a result of the decision, the Fair Work Commission approved the enterprise agreement between Radius Electrical Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, effective from 2021 to 2025. This registration rendered the agreement legally enforceable under the Fair Work Act, ensuring that the terms and conditions outlined within the agreement would govern the employment relationship between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established