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

[2022] FWCA 4458

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

(AG2022/5126)

Kelly Electrical and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 DECEMBER 2022

Application for approval of the Kelly Electrical and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

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 Kelly Electrical and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and 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, 188 and 190 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 16 December 2022 and, in accordance with s 54, will operate from 23 December 2022. The nominal expiry date of the Agreement is 1 March 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an applicant seeking approval for the Kelly Electrical and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023. The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement in question was intended to govern the terms and conditions of employment for workers in the electrical and related trades within the Melbourne Metro Tunnel project.

The central legal issue before the Commission was whether the proposed enterprise agreement provided fair and reasonable terms and conditions for the employees covered by it. This involved examining various aspects of the agreement, including wage rates, working hours, leave entitlements, and other employment conditions. The Commission also had to consider whether the agreement had been made in good faith and whether it provided for a proper balance between the interests of the employees and the employer.

The Fair Work Commission found that the proposed agreement did indeed meet the necessary criteria for approval. It concluded that the agreement contained fair and reasonable terms and conditions for the employees, and that it had been made in good faith. The Commission noted that the agreement provided for appropriate wage rates, leave entitlements, and other employment conditions, and that it struck a proper balance between the interests of the employees and the employer. As a result, the Commission approved the application for approval of the Kelly Electrical and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023.

The Fair Work Commission's decision was that the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission approved the application for approval of the Kelly Electrical and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023, which will now govern the terms and conditions of employment for workers in the electrical and related trades within the Melbourne Metro Tunnel project. The decision provides certainty and clarity for both employers and employees, and ensures that the agreement is fair and reasonable for all parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established