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

[2023] FWCA 1210

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

(AG2023/1091)

SERBAH PTY LTD AND ETU VICTORIAN RAIL INFRASTRUCTURE ENTERPRISE AGREEMENT 2023– 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 APRIL 2023

Application for approval of the Serbah Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2023– 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 Serbah Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2023– 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 27 April 2023 and, in accordance with s 54, it will operate from 4 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

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, who sought approval for the Serbah Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2023–2025. The application for approval was made by the union, representing the employees, and the employer, Serbah Pty Ltd, was party to the proceedings. The agreement in question related to the terms and conditions of employment for certain employees within the Victorian rail infrastructure sector.

The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including compliance with the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a fair and reasonable terms of employment, and if it was made in good faith. Furthermore, the Commission had to consider if the agreement had been properly negotiated and whether it provided for the proper balance between the interests of the employees and the employer.

In assessing the application, the Commission examined the provisions of the Fair Work Act, along with relevant case law and guidelines. The Commission found that the agreement contained provisions that were fair and reasonable, providing for appropriate terms of employment, and that it had been negotiated in good faith. The agreement was deemed to strike an appropriate balance between the interests of the employees and the employer. Consequently, the Commission was satisfied that the agreement met all the statutory requirements for approval and granted the application for approval of the Serbah Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2023–2025. The agreement was therefore approved and will be applicable for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established