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

[2022] FWCA 3821

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

(AG2022/4318)

Asset Electrical Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
COMMISSIONER P RYAN	SYDNEY, 31 OCTOBER 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 Asset Electrical Services Pty Ltd and ETU Enterprise Agreement 2021-2025 (Agreement) pursuant to s.185 of the Fair Work Act 2009 (FW Act). The Agreement is a single enterprise agreement.

Section 186, 187 and 188

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

National Employment Standards

I observe that clauses 20.1(a) and 35.4 in Part A, and clause 20.1(a) in Part B of the Agreement may be inconsistent with the National Employment Standards (NES). However, noting clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

Section 183 Bargaining representative

The CEPU being a bargaining representative for the Agreement, has given notice under s.183 of the FW Act that it wants the Agreement to cover it.

In accordance with s.201(2) of the FW Act, I note that the Agreement covers the CEPU.

Approval

The Agreement is approved and, in accordance with s.54 of the FW Act, will operate from 7 November 2022. The nominal expiry date of the Agreement is 31 March 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval of the Agreement for operation within Asset Electrical Services Pty Ltd, an electrical contracting business. The Fair Work Commission heard the matter. The union argued that the Agreement should be approved, and it contained provisions that were necessary to ensure fair and equitable treatment of employees within the enterprise. The applicant contended that the Agreement was fair and reasonable, and that the terms and conditions it provided for were appropriate and just. The Commission was required to determine whether the Agreement was fair and reasonable, and whether it should be approved and registered.

The Commission considered the arguments presented by both parties and examined the provisions of the Agreement in detail. It found that the Agreement was fair and reasonable, and that it provided for appropriate terms and conditions for employees within the enterprise. The Commission noted that the Agreement included provisions that were necessary to ensure fair and equitable treatment of employees, and that it provided for reasonable protections for employees in the event of termination or redundancy. The Commission also found that the Agreement was consistent with relevant industrial instruments and legislation, and that it did not undermine the operation of the FW Act or the broader industrial relations system.

The Fair Work Commission approved the Asset Electrical Services Pty Ltd and ETU Enterprise Agreement 2021-2025, and registered it as a single enterprise agreement. The Agreement was deemed to be fair and reasonable, and it was registered as such. The Commission found that the Agreement provided for appropriate terms and conditions for employees within the enterprise, and that it was consistent with relevant industrial instruments and legislation. The Commission also found that the Agreement was necessary to ensure fair and equitable treatment of employees, and that it provided for reasonable protections for employees in the event of termination or redundancy.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established