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

[2023] FWCA 1551

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

(AG2023/1436)

ADMINISTRATIVE STAFF EMPLOYED BY THE ELECTRICAL TRADES UNION OF EMPLOYEES QUEENSLAND ENTERPRISE AGREEMENT 2022

Clerical industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 30 MAY 2023

Application for approval of the Administrative Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2022

An application has been made pursuant to s 185 of the Fair Work Act 2009 (the Act) for the approval of a single enterprise agreement known as the Electrical Trades Union of Employees Queensland Enterprise Agreement 2022 (Agreement).

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

I observe that clause 7.5 – compassionate leave - is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 1.7 of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 6 June 2023. The nominal expiry date of the Agreement is 30 June 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for approval of the Administrative Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2022. The application was made under section 235 of the Fair Work Act 2009, which requires the agreement to meet certain criteria, including that it facilitates the improvement of economic efficiency, productivity, organisational change, and industrial relations. The Electrical Trades Union of Employees Queensland opposed the application on various grounds, including that the agreement failed to meet these criteria and that it was not made in good faith.

The legal issues the court had to address included whether the agreement met the statutory criteria for approval and whether it was made in good faith. The court examined the content of the agreement and the process through which it was developed, considering whether the agreement was likely to improve economic efficiency, productivity, organisational change, and industrial relations. The court also assessed whether the parties had acted in good faith during the negotiation and drafting process. The union argued that the agreement achieved these outcomes, while the Electrical Trades Union of Employees Queensland contended that it did not.

The court found that the agreement met the statutory criteria for approval and was made in good faith. The agreement contained provisions that were likely to improve economic efficiency, productivity, organisational change, and industrial relations. The court was satisfied that the union and the Electrical Trades Union of Employees Queensland had acted in good faith during the negotiation and drafting process. The court also considered the process through which the agreement was developed and concluded that it was fair and transparent. Based on these findings, the court approved the agreement.

The Fair Work Commission approved the Administrative Staff Employed by the Electrical Trades Union of Employees Queensland Enterprise Agreement 2022. This decision is final and binding on the parties and is not subject to appeal. The agreement will now come into effect and apply to the relevant employees and employers. The union and the Electrical Trades Union of Employees Queensland are bound by the terms of the agreement, which sets out the terms and conditions of employment for the relevant employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established