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

[2022] FWCA 3418

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

(AG2022/4093)

Elliot Airconditioning Controls Pty Ltd and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 OCTOBER 2022

Application for approval of the Elliot Airconditioning Controls 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 Elliot Airconditioning Controls 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.

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 4 October 2022 and, in accordance with s 54, will operate from 11 October 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a new enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Elliot Airconditioning Controls Pty Ltd. The dispute was brought before the Fair Work Commission. The union sought approval of the Enterprise Agreement 2020-2023, which outlined the terms and conditions of employment for its members working at the respondent's company. The primary legal issue the court had to address was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009.

The court considered several factors in its analysis. It examined whether the agreement provided for fair and reasonable terms, including provisions for pay, leave, and other employment conditions. Additionally, the court assessed if the agreement was genuinely negotiated between the parties, if it complied with any relevant modern awards, and if it contained any unfair provisions that might undermine the agreement's integrity. The court also took into account the impact of the agreement on the employees and the potential benefits or detriments to the parties involved.

Upon reviewing the evidence and submissions from both parties, the court found that the proposed agreement was fair and reasonable. It concluded that the agreement had been genuinely negotiated, complied with relevant modern awards, and did not contain any unfair provisions. The court was satisfied that the agreement would provide for fair and reasonable terms and conditions of employment for the employees. Consequently, the court approved the Enterprise Agreement 2020-2023, allowing it to come into effect as per the stipulated dates. The decision was made in accordance with the principles of fairness and reasonableness under the Fair Work Act 2009.

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