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

[2023] FWCA 1651

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

(AG2023/1643)

DELTEC GROUPS PTY LTD & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

Electrical contracting industry
DEPUTY PRESIDENT SAUNDERS	NEWCASTLE, 7 JUNE 2023

Application for approval of the DELTEC Groups Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025

An application has been made for approval of an enterprise agreement known as the DELTEC Groups Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025 (Agreement). The application was made pursuant to section 185 of the Fair Work Act 2009 (Act). The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of sections 186, 187 and 188 of the Act as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, being a bargaining representative for the Agreement, has given notice under section 183 of the Act that it wants the Agreement to cover it. In accordance with subsection 201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with section 54 of the Act, will operate from 14 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 matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the DELTEC Groups Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025. The applicant union sought to have the agreement registered under the Fair Work Act 2009, which mandates that certain enterprise agreements must be approved by the Fair Work Commission before they can take effect.

The legal issues at hand revolved around whether the agreement complied with the various statutory requirements set forth in the Fair Work Act, including provisions concerning minimum entitlements, the process of employee consultation, and the manner in which the agreement was finalised. Specifically, the Commission needed to ensure that the agreement provided for terms and conditions that were not less favourable than the applicable national safety net, and that it was made in good faith and with genuine consultation between the parties.

Upon reviewing the agreement, the Fair Work Commission determined that the DELTEC Groups Pty Ltd & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022-2025 met all the necessary statutory criteria for approval. The Commission found that the agreement provided for terms and conditions that were at least as favourable as the national safety net, and that there was evidence of genuine consultation and good faith bargaining. Consequently, the Commission approved the agreement, and it was registered under the Fair Work Act, thereby allowing it to take effect as a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established