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

[2022] FWCA 3304

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

(AG2022/3842)

Dynamic Fire Systems Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2022

Application for approval of the Dynamic Fire Systems 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 Dynamic Fire Systems 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 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 21 September 2022 and, in accordance with s 54, will operate from 28 September 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 Dynamic Fire Systems Pty Ltd & ETU Enterprise Agreement 2021-2025. The enterprise agreement was entered into between the union and the employer to govern the terms and conditions of employment for employees within the organisation. The union argued that the agreement was fair and reasonable and should be approved by the Commission.

The legal issues before the Commission were whether the enterprise agreement complied with the relevant legislative provisions, and whether it was fair and reasonable for the employees covered by the agreement. The Commission considered the provisions of the Fair Work Act 2009, and the criteria for determining whether an enterprise agreement was fair and reasonable. The Commission also considered the submissions of the parties, and the evidence provided in support of the application for approval.

In reaching its decision, the Commission found that the enterprise agreement complied with the relevant legislative provisions, and that it was fair and reasonable for the employees covered by the agreement. The Commission noted that the agreement provided for a range of protections for employees, including minimum rates of pay, leave entitlements, and provisions for the resolution of disputes. The Commission also found that the agreement had been negotiated in good faith, and that it reflected the needs and interests of both parties.

Accordingly, the Commission approved the Dynamic Fire Systems Pty Ltd & ETU Enterprise Agreement 2021-2025, and the union's application for approval was successful. The decision provides important guidance for employers and unions on the requirements for negotiating and approving enterprise agreements, and the criteria that the Commission will apply in determining whether an agreement is fair and reasonable.

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