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

[2022] FWCA 3889

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

(AG2022/4479)

TGR Fire Protection Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 NOVEMBER 2022

Application for approval of the TGR Fire Protection Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

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 TGR Fire Protection Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and 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, 188 and 190 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 4 November 2022 and, in accordance with s 54, will operate from 11 November 2022. The nominal expiry date of the Agreement is 1 March 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case before the Fair Work Commission involves an application for approval of the TGR Fire Protection Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023. The union involved is the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, representing the employees, while the employer is TGR Fire Protection Pty Ltd. The agreement pertains to the terms and conditions of employment for the workers involved in the Melbourne Metro Tunnel project. The primary dispute centres around whether the agreement meets the statutory requirements for being deemed "appropriately registered" under the Fair Work Act 2009.

The legal issues that the Commission had to address included whether the agreement provides for a minimum rate of pay, ensures that employees do not receive less favourable treatment than the applicable award, and whether it includes provisions for dispute resolution and other essential terms and conditions. The Commission also had to determine if the agreement was made in good faith and whether it appropriately balances the interests of both employees and employers.

The Fair Work Commission found that the agreement met the necessary criteria for being appropriately registered. It provided for a minimum rate of pay that met the requirements of the applicable award, included provisions for dispute resolution, and contained terms and conditions that were in the best interests of both parties. The Commission determined that the agreement was made in good faith and appropriately balanced the interests of both employees and employers. Consequently, the application for approval of the agreement was successful.

The Fair Work Commission approved the TGR Fire Protection Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023, deeming it appropriately registered under the Fair Work Act 2009. This decision provides legal certainty to both the employer and employees involved in the Melbourne Metro Tunnel project, ensuring that the agreement will govern their employment terms and conditions for the specified period.

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