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

[2023] FWCA 1501

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

(AG2023/1479)

BENTON ELECTRICAL CONTRACTORS PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MAY 2023

Application for approval of the Benton Electrical Contractors 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 Benton Electrical Contractors 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 25 May 2023 and, in accordance with s 54, it will operate from 1 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

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an application was brought before the Fair Work Commission seeking approval of the Benton Electrical Contractors Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The dispute centred around the terms of the enterprise agreement, which was negotiated between the union and the employer. The agreement covered a range of employment conditions, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The union sought to have the agreement certified as a registered enterprise agreement, which would have the force of law and binding effect on both the employer and the employees.

The key legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and whether it was fairly negotiated and in the best interests of the employees. The Commission had to consider whether the agreement complied with the procedural and substantive requirements set out in the Act, including whether it contained the mandated minimum terms and conditions, and whether it was free from prohibited content. The Commission also had to determine whether the agreement was genuinely negotiated between the parties, and whether it would have a beneficial effect on the employees' working conditions and outcomes.

The Commission found that the agreement met all the legal requirements for registration and approval. It contained the mandated minimum terms and conditions and was free from prohibited content. The Commission was satisfied that the agreement was genuinely negotiated between the parties and that it would have a beneficial effect on the employees' working conditions and outcomes. The Commission noted that the agreement provided for a range of benefits for the employees, including wage increases, improved leave entitlements, and greater flexibility in working arrangements. The Commission concluded that the agreement was in the best interests of the employees and approved it as a registered enterprise agreement.

The Fair Work Commission approved the Benton Electrical Contractors Pty Ltd & ETU Enterprise Agreement 2021 – 2025 as a registered enterprise agreement, effective from the date of registration. The agreement will have the force of law and binding effect on both the employer and the employees. The Commission's decision provides certainty and stability for the parties and ensures that the employees will benefit from the improved terms and conditions set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established