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

[2023] FWCA 204

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

(AG2022/5419)

FORCE CONTRACTS PROPRIETARY LIMITED & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 20 JANUARY 2023

Application for approval of the Force Contracts Proprietary Limited & ETU Enterprise Agreement 2021 – 2025

An application has been made for approval of a greenfields agreement known as the Force Contracts Proprietary Limited & ETU Enterprise Agreement 2021 – 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 27 January 2023. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) seeking approval of the Force Contracts Proprietary Limited & ETU Enterprise Agreement 2021 – 2025. The dispute arose under the Fair Work Act 2009 and was heard by the Fair Work Commission. The Applicant argued that the agreement should be approved as it met the criteria set out in the legislation and represented a fair and reasonable outcome for the employees.

The primary legal issue for the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act. The court had to consider if the agreement provided for a safety net of minimum wages and conditions, if it was in the best interests of the employees, and if it was appropriately negotiated. The Applicant argued that the agreement satisfied all these criteria, while the opposing party contended that certain provisions were unfair and did not adequately protect employees.

The court found that the agreement provided for a safety net of minimum wages and conditions that was in line with the legislative requirements. It also determined that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms and conditions of employment. The court further found that the agreement had been appropriately negotiated, with both parties having had an opportunity to participate in the process. Based on these findings, the court approved the Force Contracts Proprietary Limited & ETU Enterprise Agreement 2021 – 2025.

The court's final orders approved the Force Contracts Proprietary Limited & ETU Enterprise Agreement 2021 – 2025, with the agreement to be registered and in effect from the date of the decision. The court's approval of the agreement ensures that the employees covered by the agreement will benefit from fair and reasonable terms and conditions of employment, as well as a safety net of minimum wages and conditions.

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