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

[2022] FWCA 4128

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

(AG2022/4671)

Sigtech Solutions Australia Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025

Rail industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 24 NOVEMBER 2022

Application for approval of the Sigtech Solutions Australia Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU) has made an application for approval of an enterprise agreement known as the Sigtech Solutions Australia Pty Ltd and ETU Victorian Rail Infrastructure 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, the accompanying statutory declaration and the additional information provided by the ETU, 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.

I observe that clause 16 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 6(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The ETU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 24 November 2022 and, in accordance with s 54, will operate from 1 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Sigtech Solutions Australia Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025. The agreement aimed to regulate the terms and conditions of employment for employees of Sigtech Solutions Australia Pty Ltd, who are members of the union. The application for approval was made under the Fair Work Act 2009, which requires the Fair Work Commission to assess the agreement to determine if it meets the requirements for registration.

The primary legal issue before the court was whether the enterprise agreement complied with the statutory criteria for registration. This included assessing whether the agreement had been made in good faith, whether it contained only matters that were the subject of a genuine enterprise dispute, and whether it was in the public interest to approve it. Additionally, the court considered if the agreement provided for proper mechanisms for the resolution of disputes between the parties.

The Fair Work Commission found that the application met the statutory criteria for registration. The agreement was made in good faith and contained matters that were the subject of a genuine enterprise dispute. The court also determined that the agreement was in the public interest, as it provided for fair and reasonable terms and conditions of employment. The Commission further noted that the agreement contained appropriate mechanisms for the resolution of disputes, including provisions for conciliation and arbitration. Consequently, the Fair Work Commission approved the Sigtech Solutions Australia Pty Ltd and ETU Victorian Rail Infrastructure Enterprise Agreement 2021-2025 for registration.

The Fair Work Commission's decision to approve the enterprise agreement was based on its finding that the agreement met the statutory criteria for registration. The court's approval of the agreement ensures that the terms and conditions of employment for the employees of Sigtech Solutions Australia Pty Ltd are regulated in a fair and reasonable manner. This decision provides certainty for both the employer and the employees, and promotes industrial harmony in the workplace. The agreement will now be registered, and will apply to the employees of Sigtech Solutions Australia Pty Ltd until it expires on the specified date.

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