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

[2022] FWCA 3712

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

(AG2022/4186)

Ascoville Pty. Limited and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025

Electrical contracting industry
DEPUTY PRESIDENT YOUNG	MELBOURNE, 24 OCTOBER 2022

Application for approval of the Ascoville Pty. Limited and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) has made an application for approval of an enterprise agreement known as the Ascoville Pty. Limited and ETU Victorian Rail Infrastructure 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.

The CEPU has provided written undertakings. A copy of the undertakings is attached at Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

Subject to the undertakings referred to above, on the basis of the material contained in the application, the accompanying statutory declaration and the additional information provided by the Employer, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval have been met.

The CEPU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it seeks to be covered by the Agreement. In accordance with s 201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

The Agreement was approved on 24 October 2022 and, in accordance with s 54, will operate from 31 October 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, brought an application before the Fair Work Commission to approve the Ascoville Pty. Limited and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025. The Ascoville Pty. Limited is a company operating in the rail infrastructure sector, while the ETU represents the employees in this sector. The agreement in question pertains to the terms and conditions of employment for the employees working under Ascoville Pty. Limited. The union sought the commission's approval for the enterprise agreement, which had been negotiated between the union and the employer.

The legal issues the court needed to determine included whether the agreement met the requirements set out in the Fair Work Act 2009, particularly in terms of its coverage, whether it was genuinely negotiated, and whether it contained the necessary minimum terms and conditions. The court also needed to assess if the agreement was in the best interests of the employees it covered. Additionally, the court examined whether the agreement provided for a fair and efficient workplace and if it adequately protected the rights of employees.

The Fair Work Commission found that the enterprise agreement complied with the legislative requirements. The agreement was genuinely negotiated, covered the appropriate employees, and contained all the necessary minimum terms and conditions. The court concluded that the agreement was in the best interests of the employees and provided for a fair and efficient workplace. The union's application for approval of the enterprise agreement was subsequently approved.

The Fair Work Commission ordered the approval of the Ascoville Pty. Limited and ETU Victorian Rail Infrastructure Enterprise Agreement 2021– 2025, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would be in force for the duration specified, until it was terminated, varied, or replaced by another approved agreement. The decision provided clarity for the parties involved and established the terms and conditions of employment for the employees covered by the agreement.

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