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

[2022] FWCA 4579

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

(AG2022/5301)

Team Antennas Australia Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2022

Application for approval of the Team Antennas Australia Pty Ltd & ETU Enterprise Agreement 2021 – 2025

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 Team Antennas Australia Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (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 s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 23 December 2022 and, in accordance with s 54, it will operate from 30 December 2022. 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

The case before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Team Antennas Australia Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The application for approval was heard by the Fair Work Commission.

The legal issues before the Commission included whether the agreement provided for the proper classification of employees, ensured fair remuneration and conditions, and included necessary dispute resolution mechanisms. The Commission also considered whether the agreement was made in good faith and whether it contained provisions that were contrary to public policy or contrary to the objects of the Fair Work Act.

The Fair Work Commission found that the agreement met the necessary criteria for approval. The Commission noted that the agreement provided for appropriate classification of employees, fair remuneration and conditions, and included adequate dispute resolution mechanisms. The Commission further found that the agreement was made in good faith and did not contain any provisions that were contrary to public policy or the objects of the Fair Work Act. The Commission approved the agreement, finding it to be in the best interests of the employees and the employer.

The Commission made an order approving the Team Antennas Australia Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The agreement was to be registered and enforceable as a registered agreement under the Fair Work Act 2009. The approval of the agreement ensures that the parties involved have a legally binding framework for their employment relationship for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established