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

[2022] FWCA 3716

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

(AG2022/4333)

4B Crane Hire Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 OCTOBER 2022

Application for approval of the 4B Crane Hire Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023

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 4B Crane Hire Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 (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.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 24 October 2022 and, in accordance with s 54, will operate from 31 October 2022. The nominal expiry date of the Agreement is 31 August 2023.

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 4B Crane Hire Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union), sought the Court's approval of the agreement, which was negotiated between the Union and the employer, 4B Crane Hire Pty Ltd. The dispute centred on whether the terms of the agreement complied with the requirements of the Fair Work Act 2009, including the necessity to ensure the agreement provided for fair and reasonable terms for employees and protected employees' rights.

The key legal issues the Court had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act, specifically concerning the provision of fair and reasonable terms and conditions, and whether it adequately protected the rights of employees. Additionally, the Court needed to ensure that the agreement complied with any relevant award or registered agreement that might apply, and that it did not contain any unlawful or unfair provisions.

In rendering its decision, the Court examined the various provisions of the agreement and considered the submissions from both the Union and the employer. The Court found that the agreement provided for fair and reasonable terms and conditions for the employees, taking into account the specific circumstances and needs of the industry. The Court also determined that the agreement did not contain any unlawful or unfair provisions and complied with relevant awards or registered agreements. As such, the Court approved the 4B Crane Hire Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023, recognising its compliance with the statutory requirements under the Fair Work Act.

The Court's final order was to approve the 4B Crane Hire Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023, effective from the date of the decision. This approval ensures that the agreement will govern the terms and conditions of employment for the employees covered by the agreement, providing them with the protections and benefits outlined within it.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established