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

[2023] FWCA 202

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

(AG2022/5427)

LOWE ELECTRICAL PTY LTD & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 20 JANUARY 2023

Application for approval of the Lowe Electrical Pty Ltd & ETU Enterprise Agreement 2021 – 2025

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

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 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 matter before the court was an application for the approval of the Lowe Electrical Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the court's approval of the agreement as a registered low-paid industry agreement under the Fair Work Act 2009. The respondent, Lowe Electrical Pty Ltd, did not contest the application but raised concerns about the impact of certain provisions on its operational flexibility.

The central legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for appropriate mechanisms to ensure compliance and that it did not undermine the operation of the business. The court also needed to consider the provisions related to pay and conditions, and whether these were consistent with the principles of the Act.

The court found that the agreement contained provisions that were consistent with the principles of the Act and provided adequate mechanisms for compliance. The court was satisfied that the provisions regarding pay and conditions were fair and reasonable, taking into account the nature of the industry and the specific circumstances of the employer. The court noted that while the respondent had concerns about the impact of certain provisions, these did not outweigh the overall fairness of the agreement. Accordingly, the court approved the application and registered the agreement as a low-paid industry 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