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

[2022] FWCA 3759

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

(AG2022/4353)

Contrelec Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 OCTOBER 2022

Application for approval of the Contrelec 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 Contrelec 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 26 October 2022 and, in accordance with s 54, will operate from 2 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

In the recent matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission (FWC) was tasked with reviewing and approving the Contrelec Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025. This agreement is between Contrelec Services Pty Ltd and the Electrical Trades Union (ETU), aiming to establish terms and conditions of employment for workers within the specified industry. The union sought FWC approval, which is a prerequisite for the agreement to be enforceable under the Fair Work Act 2009.

The legal issues central to the case involved ensuring that the agreement met all requirements under the Fair Work Act. The FWC had to assess whether the agreement included all mandatory terms, provided for a fair and reasonable rate of pay, and did not unfairly discriminate against any group of employees. Furthermore, the commission had to determine if the agreement was made in good faith and without coercion. These assessments were crucial to ascertain whether the agreement could be considered 'authorised' and thus approved for enforcement.

The FWC conducted a thorough review of the agreement, examining each clause to ensure compliance with the legislative framework. The commission found that the agreement included all mandatory terms and provided for fair and reasonable remuneration. It also determined that the agreement was made in good faith and did not contain any discriminatory provisions. As a result, the FWC approved the Contrelec Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025, confirming its enforceability under the Fair Work Act. This approval ensures that the agreed terms will govern the employment relationship between Contrelec Services Pty Ltd and the ETU for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established