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

[2023] FWCA 993

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

(AG2023/836)

HEALEY INFRASTRUCTURE PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2020 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 APRIL 2023

Application for approval of the Healey Infrastructure Pty Ltd & ETU Powerline Enterprise Agreement 2020 - 2023

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 Healey Infrastructure Pty Ltd & ETU Powerline Enterprise Agreement 2020 - 2023 (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.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 5 April 2023 and, in accordance with s 54, it will operate from 12 April 2023. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the Healey Infrastructure Pty Ltd & ETU Powerline Enterprise Agreement 2020 - 2023. The application was made to the Fair Work Commission by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking endorsement of the enterprise agreement. The dispute centred on the validity and enforceability of the terms outlined in the agreement, which governed the employment conditions for workers in the powerline sector.

The primary legal issue before the court was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was genuinely negotiated and whether it complied with the provisions of the Act. The court also had to determine if the agreement was in the best interests of the employees and if it provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission found that the enterprise agreement was genuinely negotiated and complied with the statutory requirements. The agreement was deemed to be in the best interests of the employees, providing fair and reasonable terms and conditions of employment. The court highlighted the importance of the agreement in addressing specific industry needs and ensuring that the employees' rights and protections were upheld. Consequently, the application for approval was successful.

The Fair Work Commission approved the Healey Infrastructure Pty Ltd & ETU Powerline Enterprise Agreement 2020 - 2023, endorsing it as a valid and enforceable enterprise agreement. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between the employer and the employees for the specified period.

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