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

[2023] FWCA 942

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

(AG2023/730)

GRID ELECTRICAL SERVICES PTY. LTD. & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 MARCH 2023

Application for approval of the Grid Electrical Services 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 Grid Electrical Services 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 pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 29 March 2023 and, in accordance with s 54, will operate from 5 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 brought an application to the Fair Work Commission seeking approval of the Grid Electrical Services Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025. The dispute arose from negotiations between the union and the employer over terms and conditions of employment for certain workers, leading to an unresolved enterprise agreement. The matter was heard and determined by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was in the public interest, if it provided for minimum terms and conditions of employment, and if it complied with other statutory obligations. The union argued that the agreement was fair and reasonable, while the employer raised concerns about certain provisions.

The Commission found that the agreement was in the public interest and provided for minimum terms and conditions of employment. It held that the agreement complied with the statutory obligations and was fair and reasonable. The Commission approved the proposed enterprise agreement, noting that it provided for appropriate terms and conditions for the workers and balanced the interests of both parties. The employer's concerns about specific provisions were addressed through modifications that ensured compliance with the law.

The Fair Work Commission approved the Grid Electrical Services Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025, subject to any necessary modifications to ensure compliance with the law. The agreement now serves as the legally binding enterprise agreement between the union and the employer 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