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

[2022] FWCA 3999

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

(AG2022/4592)

Electrical Data Projects Pty Ltd & ETU NSW Construction Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 NOVEMBER 2022

Application for approval of the Electrical Data Projects Pty Ltd & ETU NSW Construction 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 Electrical Data Projects Pty Ltd & ETU NSW Construction Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

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. Pursuant to s 202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 15 November 2022 and, in accordance with s 54, will operate from 22 November 2022. The nominal expiry date of the Agreement is 1 May 2023.

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 Electrical Data Projects Pty Ltd and the Electrical Trades Union NSW Construction Enterprise Agreement 2022. The union sought the Commission's approval of the agreement, which set out the terms and conditions of employment for the employees of Electrical Data Projects Pty Ltd. The employer, a small business engaged in electrical and data cabling services, argued that the agreement was necessary to ensure the business's viability and competitiveness.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether it provided for fair and reasonable terms and conditions of employment. The Commission considered whether the agreement provided for fair remuneration and conditions of employment, and whether it contained provisions that were contrary to public policy or that unfairly disadvantaged employees.

The Commission found that the agreement met the statutory requirements for approval and provided for fair and reasonable terms and conditions of employment. The Commission noted that the agreement provided for a modest increase in wages and conditions over a four-year period, and that it contained provisions that were consistent with industry standards and practices. The Commission also found that the agreement did not contain any provisions that were contrary to public policy or that unfairly disadvantaged employees. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and approved the agreement.

The Fair Work Commission approved the Electrical Data Projects Pty Ltd and ETU NSW Construction Enterprise Agreement 2022, effective from the date of the decision. The employer and the union were directed to take all necessary steps to give effect to the agreement, and the agreement was registered on the Register of Approved Agreements. The decision provides guidance to employers and unions on the requirements for approving enterprise agreements and the considerations that the Commission takes into account in approving agreements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established