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

[2023] FWCA 482

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

(AG2023/112)

Connect People VIC Pty Ltd and the ETU Greenfield Labour Hire Enterprise Agreement 2022 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 FEBRUARY 2023

Application for approval of the Connect People VIC Pty Ltd and the ETU Greenfield Labour Hire Enterprise Agreement 2022 – 2025

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of a greenfields agreement known as the Connect People VIC Pty Ltd and the ETU Greenfield Labour Hire Enterprise Agreement 2022 – 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 16 February 2023 and, in accordance with s 54, will operate from 23 February 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 the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Ceeisa) sought approval of the Connect People VIC Pty Ltd and the ETU Greenfield Labour Hire Enterprise Agreement 2022 – 2025. The applicant union, Ceeisa, had entered into the enterprise agreement with the employer, Connect People VIC Pty Ltd, in its capacity as a labour hire provider, and the ETU, a labour hire business, in respect of workers hired out by the ETU to Connect People. The dispute involved the approval of this enterprise agreement, which was necessary for its enforcement and application.

The primary legal issue before the Commission was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained the mandatory terms set out in Schedule 2 of the Act, if it was made in good faith and without coercion, and if it was otherwise fair and reasonable. The applicant union argued that the agreement was fair and reasonable, and met all necessary statutory requirements.

The Commission carefully examined the provisions of the enterprise agreement and found that it contained the mandatory terms required by the Act. It was noted that the agreement was negotiated in good faith and without coercion, and that it provided for fair and reasonable terms and conditions for the employees covered by the agreement. The Commission was satisfied that the enterprise agreement met all the statutory requirements for approval and was fair and reasonable in all respects. Therefore, the application for approval was successful.

Consequently, the Fair Work Commission approved the Connect People VIC Pty Ltd and the ETU Greenfield Labour Hire Enterprise Agreement 2022 – 2025. This decision ensures that the enterprise agreement can be enforced and applied to the relevant employees, providing them with the protections and benefits outlined in 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