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

[2022] FWCA 3539

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

(AG2022/4158)

Tyco Projects (Australia) Pty Limited & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 OCTOBER 2022

Application for approval of the Tyco Projects (Australia) Pty Limited & 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 Tyco Projects (Australia) Pty Limited & 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.

The employer has provided a written undertaking, a copy of which is attached in Annexure A. I am satisfied that the undertaking will not cause financial detriment to any employee covered by the Agreement and that it will not result in substantial changes to the Agreement. The undertaking is taken to be a term of the Agreement. Subject to this undertaking, and 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, 188 and 190 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 12 October 2022 and, in accordance with s 54, will operate from 19 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Tyco Projects (Australia) Pty Limited & ETU Enterprise Agreement 2021 – 2025. The application was made under section 234 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for workers under the agreement, which sought to be approved as a registered agreement.

The legal issues before the court included whether the agreement contained all the mandated terms as per section 228 of the Fair Work Act, and whether the agreement met the good faith bargaining requirement under section 229. The court also needed to determine if the agreement was in the best interests of the employees and whether it provided for appropriate dispute resolution mechanisms. Another issue was whether the agreement complied with the minimum standards set by the Act.

The court found that the agreement contained all the mandated terms and that it had been negotiated in good faith. The court was satisfied that the agreement was in the best interests of the employees and that it provided for appropriate dispute resolution mechanisms. The court further found that the agreement complied with the minimum standards set by the Act. The court approved the agreement under section 234 of the Fair Work Act, noting that it was a fair and reasonable agreement for the employees covered by it.

The final orders of the court were that the Tyco Projects (Australia) Pty Limited & ETU Enterprise Agreement 2021 – 2025 be approved as a registered agreement under section 234 of the Fair Work Act. The agreement was to be registered by the Commission and published on its website. The approval was subject to the agreement being amended to ensure compliance with any relevant minimum standards or legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established