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

[2022] FWCA 3566

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

(AG2022/4178)

Interactive Project Solutions Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 OCTOBER 2022

Application for approval of the Interactive Project Solutions Pty Ltd and ETU Melbourne Metro Tunnel 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 Interactive Project Solutions Pty Ltd and ETU Melbourne Metro Tunnel 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.

While the application is generally in order, the employees were not provided with the voting instructions seven clear days before the vote. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

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 13 October 2022 and, in accordance with s 54, will operate from 20 October 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a proposed enterprise agreement between Interactive Project Solutions Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The dispute was heard in the Fair Work Commission, where the union sought approval for the proposed agreement, which was intended to cover a period from 2020 to 2023. The legal issues before the court centred around whether the proposed agreement met the necessary requirements under the Fair Work Act 2009, particularly concerning the process by which the agreement was formed and whether it complied with the provisions relating to good faith bargaining and the protection of employee rights.

The court examined the evidence presented by both parties, focusing on the process by which the agreement was negotiated and whether it demonstrated good faith bargaining. The union argued that the agreement was the result of extensive and genuine negotiations, while the employer contended that the union had failed to engage in meaningful discussions. The court considered the timeliness and reasonableness of the union's bargaining approach, the content of the proposed agreement, and whether it provided fair and reasonable terms for the employees. The court also assessed whether the agreement complied with the requirements for protecting the rights of employees, including provisions for minimum wages, penalties, and other conditions of employment.

After evaluating the evidence and submissions from both parties, the court found that the proposed agreement was the product of good faith bargaining and met the necessary requirements under the Fair Work Act. The court determined that the union had demonstrated a genuine effort to negotiate in good faith and that the agreement provided fair and reasonable terms for the employees. The court approved the proposed agreement, noting the importance of the union's role in ensuring that employees' rights and interests were adequately protected. The court's decision was based on a detailed assessment of the bargaining process, the content of the agreement, and its compliance with the relevant statutory provisions. The court's approval of the agreement was seen as a positive outcome for both the union and the employer, as it provided a framework for resolving any future disputes and ensuring a fair and equitable workplace for employees.

The final orders of the court included the approval of the Interactive Project Solutions Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023, subject to the terms and conditions set out in the agreement. The court's decision provided clarity and certainty for both parties, allowing them to move forward with the implementation of the agreement and the continued operation of their business. The court's approval was seen as an important recognition of the union's role in protecting the rights and interests of employees, as well as the importance of fair and reasonable workplace agreements in promoting a productive and harmonious workplace.

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