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

[2022] FWCA 4087

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

(AG2022/4731)

Modcol Pty Ltd (SA) & CEPU South Australian Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 NOVEMBER 2022

Application for approval of the Modcol Pty Ltd (SA) & CEPU South Australian Enterprise Agreement 2022

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 Modcol Pty Ltd (SA) & CEPU South Australian Enterprise Agreement 2022 (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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 22 November 2022 and, in accordance with s 54, will operate from 29 November 2022. The nominal expiry date of the Agreement is 30 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Modcol Pty Ltd (SA) & CEPU South Australian Enterprise Agreement 2022. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval for the agreement which had been negotiated between the union and the employer. The nature of the dispute was whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues the court was required to decide centred on whether the agreement complied with the provisions of the Fair Work Act, including the requirement for genuine bargaining, the inclusion of all bargaining matters, and the absence of provisions that would be contrary to public policy. The court also had to consider whether the agreement contained proper dispute resolution mechanisms and if it included appropriate employee protections. Additionally, the court examined whether the agreement was fair and reasonable in its terms and conditions.

The court found that the agreement met all the necessary requirements for approval. It determined that there was evidence of genuine bargaining between the parties and that all bargaining matters had been addressed. The court was satisfied that the agreement did not contain any provisions that would be contrary to public policy and that it included adequate dispute resolution mechanisms. Furthermore, the court concluded that the agreement was fair and reasonable in its terms and conditions, providing appropriate protections for the employees. Therefore, the court approved the Modcol Pty Ltd (SA) & CEPU South Australian Enterprise Agreement 2022.

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