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

[2023] FWCA 442

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

(AG2023/184)

Gippsland Group Training Limited T/A Apprenticeships Group Australia and ETU Enterprise Agreement (Apprentices) 2020 – 2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 FEBRUARY 2023

Application for approval of the Gippsland Group Training Limited T/A Apprenticeships Group Australia 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 Gippsland Group Training Limited T/A Apprenticeships Group Australia 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.

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 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this matter were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Gippsland Group Training Limited trading as Apprenticeships Group Australia (the Employer). The Union lodged an application for the approval of a new enterprise agreement, the Apprenticeships Group Australia and ETU Enterprise Agreement (Apprentices) 2020-2024, under the Fair Work Act 2009. The court had to determine whether the proposed agreement met the criteria for approval under the Act.

The key legal issues before the court were whether the agreement provided for the employees' pay and conditions, and whether it met the "better off overall test" (BOOT) as required by section 234 of the Fair Work Act. The Union argued that the agreement was fair and reasonable, while the Employer contended that certain aspects of the agreement were not in line with the statutory requirements. The court had to carefully examine the terms of the agreement and consider whether it met the statutory requirements for approval.

In its decision, the court noted that the agreement contained provisions that were acceptable under the Act, including those that provided for the employees' pay and conditions. The court found that the agreement met the BOOT as the employees would be better off overall with the proposed agreement than they would be under the applicable awards. The court also found that the agreement did not contain any provisions that were contrary to public policy or that were otherwise invalid. The court approved the agreement based on the evidence presented, finding that it met the requirements of the Act.

As a result of the court's decision, the Apprenticeships Group Australia and ETU Enterprise Agreement (Apprentices) 2020-2024 was approved and registered under the Fair Work Act. The agreement is now legally binding on the parties and will govern the employment conditions of the apprentices covered by the agreement. The Union and the Employer are required to comply with the terms of the agreement, and any disputes arising out of the agreement will be subject to the dispute resolution processes outlined in the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established