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

[2023] FWCA 1683

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

(AG2023/1668)

ALLSAFE POWER (VIC) PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JUNE 2023

Application for approval of the Allsafe Power (VIC) 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 Allsafe Power (VIC) 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 8 June 2023 and, in accordance with s 54, it will operate from 15 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Allsafe Power (VIC) Pty Ltd (the Employer). The Union brought an application to the Fair Work Commission (the Commission) seeking approval of the Allsafe Power (VIC) Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (the Agreement). The Union argued that the Agreement contained fair and reasonable terms and conditions of employment for the employees covered by the Agreement. The Employer contested the application, raising issues regarding the fairness and reasonableness of certain provisions within the Agreement.

The legal issues before the Commission were whether the Agreement contained terms and conditions that were fair and reasonable, and whether the Agreement met the statutory requirements under the Fair Work Act 2009. In particular, the Commission had to consider whether the Agreement provided for adequate protection of employees' entitlements and whether it complied with relevant industrial laws and regulations. The Commission also had to determine whether the Agreement was made in accordance with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009.

In its decision, the Commission found that the Agreement contained terms and conditions that were fair and reasonable. The Commission noted that the Agreement provided for adequate protection of employees' entitlements, including provisions for minimum wages, leave entitlements, and other benefits. The Commission also found that the Agreement complied with relevant industrial laws and regulations. The Commission was satisfied that the Agreement was made in accordance with the relevant provisions of the Fair Work Act and the Fair Work Regulations 2009. Consequently, the Commission approved the Agreement, which will now apply to the employees covered by it.

The final orders of the Commission were that the Allsafe Power (VIC) Pty Ltd & ETU Enterprise Agreement 2021 – 2025 be approved as a registered agreement under the Fair Work Act 2009. The Agreement will now apply to the employees covered by it, providing them with the terms and conditions of employment set out in the Agreement. The Employer and the Union are now bound by the terms of the Agreement, which will regulate their industrial relationship for the duration of the Agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established