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

[2023] FWCA 1438

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

(AG2023/1359)

ABSOLUTE COMMISSIONING GROUP PTY LTD & CEPU SOUTH AUSTRALIAN ENTERPRISE AGREEMENT 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MAY 2023

Application for approval of the Absolute Commissioning Group Pty Ltd & CEPU South Australian Enterprise Agreement 2022

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 Absolute Commissioning Group Pty Ltd & CEPU South Australian Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 18 May 2023 and, in accordance with s 54, will operate from 25 May 2023. The nominal expiry date of the Agreement is 30 June 2026.

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 lodged an application for approval of the Absolute Commissioning Group Pty Ltd & CEPU South Australian Enterprise Agreement 2022. The applicant union sought approval of the enterprise agreement in accordance with section 230 of the Fair Work Act 2009. The application was made on behalf of employees covered by the proposed agreement, who were employed by the respondent company.

The legal issues before the Commission included whether the agreement met the requirements for approval under the Fair Work Act 2009, and whether the agreement was in the best interests of the employees. The Commission needed to determine if the agreement complied with the provisions of the Act, including the "better off overall test" and the "no-disadvantage test". The Commission also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment for the employees.

The Commission found that the proposed agreement met the requirements for approval under the Fair Work Act 2009. The agreement provided for fair and reasonable terms and conditions of employment for the employees, and it complied with the "better off overall test" and the "no-disadvantage test". The Commission was satisfied that the agreement was in the best interests of the employees, and it approved the enterprise agreement. The Fair Work Commission approved the Absolute Commissioning Group Pty Ltd & CEPU South Australian Enterprise Agreement 2022.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established