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

[2023] FWCA 672

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

(AG2023/401)

Bellpark Electrical Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 MARCH 2023

Application for approval of the Bellpark Electrical 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 Bellpark Electrical 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 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

In this case, the applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the Bellpark Electrical Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025. The applicant is a registered trade union and the employer, Bellpark Electrical Pty. Ltd., is engaged in the electrical contracting industry. The union and the employer entered into the enterprise agreement, which was to cover employees of Bellpark Electrical Pty. Ltd. The application for approval was heard in the Fair Work Commission, which is the relevant authority to consider such applications.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements for approval under the Fair Work Act 2009. The applicant needed to demonstrate that the agreement was made in good faith, and that it contained certain mandatory terms and conditions as stipulated by the Act. Additionally, the Commission had to be satisfied that the agreement was not contrary to public policy and did not adversely affect the employees’ workplace rights and entitlements.

The Commission examined the evidence provided by the applicant and considered the provisions of the agreement. It found that the agreement was made in good faith, and that it contained all the mandatory terms and conditions as required by the Act. The Commission was satisfied that the agreement did not contravene public policy and did not have an adverse effect on employees’ workplace rights and entitlements. Consequently, the Commission approved the Bellpark Electrical Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025.

As a result of the Commission’s decision, the enterprise agreement is now approved and will govern the employment conditions of the employees of Bellpark Electrical Pty. Ltd. for the period of 2021 to 2025. This decision ensures that the agreement is legally binding on the parties and provides a framework for the resolution of any disputes that may arise during the term of the agreement.

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