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

[2023] FWCA 673

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

(AG2023/409)

Alarming Solutions & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 MARCH 2023

Application for approval of the Alarming Solutions & 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 Alarming Solutions & 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 1 March 2023 and, in accordance with s 54, it will operate from 8 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 matter before the Fair Work Commission involved an application for the approval of the Alarming Solutions & ETU Enterprise Agreement 2021-2025. The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought to have the agreement approved under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment for employees within the enterprise, as outlined in the proposed agreement.

The primary legal issues before the Court were whether the agreement met the "better off overall test" as required by section 234 of the Fair Work Act and whether the agreement complied with the provisions of the Fair Work Act, including any relevant minimum standards. The Court also needed to consider whether the agreement was made in good faith and whether it contained the necessary provisions regarding the negotiation process and employee representation.

The Fair Work Commission found that the Alarming Solutions & ETU Enterprise Agreement 2021-2025 met the "better off overall test" and complied with the provisions of the Fair Work Act. The Court was satisfied that the agreement was made in good faith and contained the necessary provisions regarding the negotiation process and employee representation. The Commission also found that the agreement did not contravene any relevant minimum standards and was therefore eligible for approval. The Court approved the Alarming Solutions & ETU Enterprise Agreement 2021-2025, subject to the conditions set out in the decision.

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