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

[2023] FWCA 443

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

(AG2023/168)

MAG Apprenticeships and ETU Enterprise Agreement (Apprentices) 2020 – 2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 FEBRUARY 2023

Application for approval of the MAG Apprenticeships and ETU Enterprise Agreement (Apprentices) 2020 – 2024

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 MAG Apprenticeships and ETU Enterprise Agreement (Apprentices) 2020 – 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the employees were not provided with a copy of the notice of employee representational rights (NERR) within 14 days of notification time. However, having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

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 13 February 2023 and, in accordance with s 54, it will operate from 20 February 2023. The nominal expiry date of the Agreement is 1 March 2023.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision by the Fair Work Commission, the case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of certain employees, and the Mutual Abilities Group Pty Ltd, the employer. The central issue before the Commission was to approve the MAG Apprenticeships and ETU Enterprise Agreement (Apprentices) 2020-2024, a proposed agreement between the union and the employer that outlines terms and conditions for apprentices. The Commission's task was to ensure the agreement meets the criteria for approval under the Fair Work Act 2009, particularly that it is in the best interests of the employees it covers and complies with relevant labour laws.

The legal issues that the Commission had to address involved the adequacy of the proposed agreement in terms of its provisions for pay rates, hours of work, leave entitlements, and other conditions of employment. The Commission also had to consider whether the agreement had been negotiated in good faith and whether it provided a fair and equitable resolution to the employment conditions of the apprentices. Furthermore, the Commission examined whether the agreement met the criteria for being "better off overall" for the employees compared to the existing conditions or any other applicable award or agreement.

In reaching its decision, the Commission evaluated the evidence and submissions presented by both parties. The Commission found that the proposed agreement contained provisions that were fair and reasonable, ensuring the apprentices would receive appropriate wages and conditions. The Commission also determined that the agreement was negotiated in good faith and was in the best interests of the employees. Consequently, the Commission approved the MAG Apprenticeships and ETU Enterprise Agreement (Apprentices) 2020-2024, as it satisfied the legal requirements for approval. The Commission's approval ensures that the agreement will provide a stable and beneficial framework for the apprentices during the specified period.

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