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

[2023] FWC 2214

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

(AG2023/2898)

ENTIRE FIRE PROTECTION PTY. LTD. & ETU ENTERPRISE AGREEMENT 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 SEPTEMBER 2023

Application for approval of the Entire Fire Protection 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 Entire Fire Protection 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.

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 the undertaking referred to above, 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. As required by 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 1 September 2023 and, in accordance with s 54, it will operate from 8 September 2023. 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), sought approval of the Entire Fire Protection Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025. The application was brought before the Fair Work Commission, with the applicant representing the union members and the respondent being Entire Fire Protection Pty. Ltd. The dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the agreement was a genuine enterprise agreement and whether it contained all the mandatory terms specified in the Act. Additionally, the court had to consider whether the agreement was made in accordance with the procedural requirements set out in the Fair Work Regulations 2009. This included assessing whether proper consultation had occurred and whether the agreement had been certified as a genuine enterprise agreement by an independent certifier.

In its decision, the Fair Work Commission examined the evidence presented regarding the consultation process and the certifier's assessment. The court noted that the union had provided extensive evidence of its consultation processes with its members, including detailed records of meetings, communications, and feedback. The certifier's report was also scrutinised, and it was found to be comprehensive and compliant with the relevant statutory provisions. After careful consideration of all the evidence, the court concluded that the agreement was genuinely made and met all the necessary requirements for approval. Therefore, the application for approval was successful.

As a result of the court's decision, the Entire Fire Protection Pty. Ltd. & ETU Enterprise Agreement 2021 – 2025 was approved and will now be in effect for the duration specified. This decision ensures that the terms of the agreement will govern the employment relationship between the union members and the respondent for the stipulated period, providing certainty and stability for both parties.

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