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

[2023] FWCA 900

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

(AG2023/670)

HI-TECH ELECTRICAL SERVICES (VIC) PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 MARCH 2023

Application for approval of the Hi-Tech Electrical Services (Vic) 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 Hi-Tech Electrical Services (Vic) Pty Ltd & ETU Enterprise Agreement 2021 – 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 24 March 2023 and, in accordance with s 54, it will operate from 31 March 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval for the Hi-Tech Electrical Services (Vic) Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The nature of the dispute was the union's application to the Fair Work Commission for the approval of this enterprise agreement under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issues before the court were whether the enterprise agreement complied with the provisions of the Fair Work Act and whether it provided for fair and reasonable terms and conditions. Specifically, the court needed to consider if the agreement provided for reasonable working hours, adequate wages, and appropriate leave provisions, amongst other requirements. Additionally, the court needed to assess whether the agreement met the "better off overall test" (BOOT) to ensure that employees were no worse off financially under the new agreement.

In its reasoning, the Fair Work Commission found that the enterprise agreement provided for fair and reasonable terms and conditions for the employees of Hi-Tech Electrical Services. The Commission determined that the agreement provided for reasonable working hours, adequate wages, and appropriate leave provisions. Furthermore, the Commission was satisfied that the agreement met the BOOT, meaning that employees would not be worse off financially under the new agreement. As a result, the Commission approved the Hi-Tech Electrical Services (Vic) Pty Ltd & ETU Enterprise Agreement 2021 – 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established