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

[2022] FWCA 3816

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2022/4443)

Projex Electrical Controls Pty Ltd and ETU Enterprise Agreement 2021-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 OCTOBER 2022

Application for approval of the Projex Electrical Controls Pty Ltd and 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 Projex Electrical Controls Pty Ltd and 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 31 October 2022 and, in accordance with s 54, will operate from 7 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 matter before the Fair Work Commission involved an application for the approval of the Projex Electrical Controls Pty Ltd and ETU Enterprise Agreement 2021-2025. The applicant union sought the Commission's approval of the enterprise agreement, which had been negotiated between the employer and the union. The dispute centred around the terms and conditions of employment outlined in the agreement, specifically whether they complied with the relevant industrial legislation.

The primary legal issue before the Commission was whether the provisions of the enterprise agreement met the necessary standards and requirements under the Fair Work Act 2009. This involved assessing whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, hours of work, leave entitlements, and other relevant matters. The Commission was required to determine if the agreement was made in good faith and whether it was appropriately certified by the Australian Building and Construction Commission.

In reaching its decision, the Fair Work Commission considered the evidence presented by both parties and the relevant legal principles. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and that it was made in good faith. The Commission also determined that the agreement had been appropriately certified. As a result, the Commission approved the Projex Electrical Controls Pty Ltd and ETU Enterprise Agreement 2021-2025, and it will now be legally binding on the parties involved. The Commission's decision ensures that the employees covered by the agreement will receive fair and reasonable terms and conditions of employment, while also allowing for flexibility and efficiency in the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established