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

[2022] FWCA 3926

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

(AG2022/4559)

National Site Services Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 NOVEMBER 2022

Application for approval of the National Site Services 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 National Site Services 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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 9 November 2022 and, in accordance with s 54, will operate from 16 November 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 involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which applied for approval of the National Site Services Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025. The matter was heard in the Fair Work Commission, where the union sought to have the enterprise agreement approved, ensuring it met the necessary requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement fulfilled all the necessary criteria for approval. This involved assessing if the agreement was made in accordance with the relevant provisions of the Act, whether it was free from any improper conduct, and if it contained provisions that complied with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission had to determine if the agreement provided for fair and reasonable terms and conditions for employees, and if it adhered to the principles of good faith bargaining.

In examining the application, the Commission considered the evidence presented by the union and the employer. The Commission found that the agreement had been made in good faith and that it contained provisions that were fair and reasonable. The agreement was compliant with the statutory requirements and adhered to the principles of good faith bargaining. Consequently, the Commission approved the application and determined that the enterprise agreement met the necessary criteria for approval.

The final orders included the approval of the National Site Services Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025, ensuring that it would be in effect from the date of the decision and would be registered with the Fair Work Commission. This decision allows the agreement to provide the agreed terms and conditions for employees covered by the agreement, subject to the ongoing obligations of the parties under the Fair Work Act 2009.

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