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

[2023] FWCA 651

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

(AG2023/382)

R.E.L. Projects Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 FEBRUARY 2023

Application for approval of the R.E.L. Projects 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 R.E.L. Projects 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 28 February 2023 and, in accordance with s 54, it will operate from 7 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 was an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and R.E.L. Projects Pty Ltd. The dispute centred around the terms and conditions of employment for workers covered by the proposed agreement, which spanned from 2021 to 2025. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009, particularly whether it provided for minimum entitlements and allowed for fair and flexible workplace arrangements.

The key legal issues addressed by the Commission included whether the agreement provided for minimum wages and conditions as prescribed by the relevant awards and whether it included provisions for flexible working arrangements. The Commission also examined whether the agreement contained any terms that could be considered unfair or unreasonable under the Act. The bargaining process itself was also scrutinized to ensure it was conducted fairly and in good faith.

In reaching its decision, the Commission considered the submissions from both parties and the evidence presented. The Commission found that the agreement did provide for the minimum entitlements required under the Act and contained provisions for flexible working arrangements. Importantly, the Commission was satisfied that the agreement was the product of genuine and fair bargaining between the parties. Therefore, the Commission approved the application for the enterprise agreement to be registered, allowing it to take effect from the stipulated date.

The Fair Work Commission approved the application for the registration of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and R.E.L. Projects Pty Ltd Enterprise Agreement 2021 – 2025, effective from the date of registration.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established