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

[2022] FWCA 3898

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

(AG2022/4530)

Merchant Electric Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 NOVEMBER 2022

Application for approval of the Merchant Electric 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 Merchant Electric 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 7 November 2022 and, in accordance with s 54, will operate from 14 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 application under consideration was brought before the Fair Work Commission by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of the Merchant Electric Pty Ltd & ETU Enterprise Agreement 2021 – 2025 (the Agreement). The Union sought to have the Agreement approved under the Fair Work Act 2009, asserting that it met the criteria for registration as a registered agreement, including that it provided for a fair and efficient workplace. Merchant Electric Pty Ltd (the Employer) opposed the application, contending that the Agreement contained provisions that did not adequately protect its business interests and operational flexibility.

The key legal issues the Commission had to address were whether the Agreement provided for a fair and efficient workplace, and whether it complied with the requirements of the Fair Work Act. The Commission needed to examine the provisions of the Agreement to determine if they met the statutory criteria for approval. This included assessing whether the Agreement provided for a fair and efficient workplace, which required an evaluation of its provisions in relation to wages, conditions of employment, dispute resolution, and other relevant matters.

In its decision, the Fair Work Commission considered the submissions from both the Union and the Employer, along with the terms of the Agreement. The Commission found that, while some provisions raised concerns about operational flexibility, the overall balance of the Agreement was fair and provided for an efficient workplace. The Commission held that the Agreement contained provisions that adequately protected the business interests of the Employer while also ensuring fair treatment for employees. The Commission concluded that the Agreement met the statutory criteria for approval and granted the application for its registration.

The Fair Work Commission approved the Merchant Electric Pty Ltd & ETU Enterprise Agreement 2021 – 2025 as a registered agreement, effective from the date of the decision. This approval allows the Agreement to be enforced as a binding contract between the Union and the Employer, providing a framework for the employment conditions of the employees covered by the Agreement.

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