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

[2023] FWCA 1436

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

(AG2023/1358)

BELL WIGGINS PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MAY 2023

Application for approval of the Bell Wiggins 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 Bell Wiggins 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 18 May 2023 and, in accordance with s 54, it will operate from 25 May 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 Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Bell Wiggins Pty Ltd & ETU Enterprise Agreement 2021-2025. The agreement was in question due to concerns about its compliance with the relevant industrial laws, including provisions that may have unfairly disadvantaged certain employees.

The primary legal issue before the commission was whether the enterprise agreement contained any terms that were inconsistent with the Fair Work Act 2009 or other applicable laws. Specifically, the union argued that the agreement was fair and reasonable, while the objecting party raised concerns about potential discrimination against employees with certain characteristics, such as part-time or casual workers. The commission was required to carefully review the terms of the agreement and determine if they met the statutory requirements for approval.

After examining the provisions of the enterprise agreement, the commission concluded that the terms were, in fact, compliant with the Fair Work Act and other relevant legislation. The commission found that the agreement did not unfairly discriminate against any group of employees and contained appropriate safeguards to protect the rights of all workers. Based on this determination, the commission approved the enterprise agreement, finding that it was fair and reasonable in all respects. The commission's decision was based on a thorough analysis of the agreement's terms and the applicable legal framework.

The final orders of the commission included the approval of the Bell Wiggins Pty Ltd & ETU Enterprise Agreement 2021-2025, with the understanding that it would come into effect as per the specified dates. The union and the employer were directed to take all necessary steps to implement the agreement and ensure its compliance with the Fair Work Act and other relevant laws. The commission's decision provided clarity and certainty for both parties, allowing them to move forward with the agreed-upon terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established