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

[2022] FWCA 3718

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

(AG2022/4313)

Thermal Fire Protection (Projects) Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 OCTOBER 2022

Application for approval of the Thermal Fire Protection (Projects) 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 Thermal Fire Protection (Projects) 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 25 October 2022 and, in accordance with s 54, will operate from 1 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Thermal Fire Protection (Projects) Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The dispute centred around the validity and fairness of the enterprise agreement, as well as the processes followed in its negotiation and approval. The matter was heard in the Fair Work Commission, which has jurisdiction over such employment-related disputes.

The primary legal issues that the Commission had to address were whether the agreement was genuinely an enterprise agreement and if it had been appropriately negotiated. Additionally, the Commission considered whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly regarding the inclusion of appropriate dispute resolution mechanisms and the protection of employees' rights. The fairness and reasonableness of the terms within the agreement, especially in light of any potential impact on employee conditions, was also a focal point of the deliberation.

In delivering its decision, the Commission examined the negotiation process and the parties' compliance with the statutory requirements. The Commission found that the union had genuinely negotiated the agreement, and that it complied with the necessary legal standards. The Commission noted that the agreement included appropriate dispute resolution mechanisms and that the terms were fair and reasonable. As a result, the Commission approved the enterprise agreement, thereby resolving the dispute in favour of the union.

The final orders of the Commission included the approval of the Thermal Fire Protection (Projects) Pty Ltd & ETU Enterprise Agreement 2021 – 2025, subject to the terms and conditions specified in the decision. This decision not only validated the agreement but also set a precedent for similar cases in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established