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

[2023] FWCA 1147

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

(AG2023/1058)

XPRO ELECTRICAL GROUP PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 APRIL 2023

Application for approval of the Xpro Electrical Group 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 Xpro Electrical Group Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (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 21 April 2023 and, in accordance with s 54, will operate from 28 April 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Xpro Electrical Group Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The application was heard by the Fair Work Commission, a federal workplace relations tribunal. The union sought to have the agreement, which contained terms and conditions of employment for employees of Xpro Electrical Group, formally recognised and enforced.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including whether it was made in good faith and whether it provided for a fair and efficient workplace. The Commission also considered whether the agreement provided for minimum entitlements and if the process for making the agreement was procedurally fair. The union argued that the agreement was made in good faith and provided for fair and efficient workplaces, while Xpro Electrical Group Pty Ltd contended that certain terms of the agreement were not procedurally fair.

The Commission found that the agreement was procedurally fair and had been made in good faith. The Commission held that the agreement provided for minimum entitlements and was fair and efficient. The Commission noted that while some terms of the agreement were not in the best interests of the employees, they did not prevent the agreement from being made in good faith. The Commission also found that the process for making the agreement was procedurally fair, and that the agreement should be approved. The application for approval of the Xpro Electrical Group Pty Ltd & ETU Enterprise Agreement 2021 – 2025 was subsequently approved.

The Fair Work Commission approved the agreement, subject to certain modifications, and directed that it be registered with the Fair Work Commission. The union and Xpro Electrical Group Pty Ltd were directed to provide a copy of the approved agreement to the Fair Work Commission within 28 days of the decision. The agreement was to commence on the first day of the month following its registration.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established