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

[2022] FWCA 3294

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

(AG2022/3813)

Elite Fire & Electrical Pty Ltd and ETU Enterprise Agreement 2021-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2022

Application for approval of the Elite Fire & Electrical Pty Ltd and 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 Elite Fire & Electrical Pty Ltd and 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

The applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Elite Fire & Electrical Pty Ltd and ETU Enterprise Agreement 2021-2025 from the Fair Work Commission. The dispute involved the terms of the proposed enterprise agreement between the union and Elite Fire & Electrical, with the union seeking to have the agreement approved under the Fair Work Act 2009. The matter was heard and determined by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine whether the agreement was a genuine enterprise agreement, contained no unlawful content, and was made in accordance with the relevant procedures. The union argued that the agreement was fair and reasonable, while Elite Fire & Electrical contested certain provisions, arguing they were inconsistent with the relevant legislative framework.

In its determination, the Commission considered the evidence and submissions from both parties. The Commission found that the proposed enterprise agreement was a genuine enterprise agreement, contained no unlawful content, and was made in accordance with the relevant procedures. The Commission resolved the contested provisions in favour of the union, finding that they were fair and reasonable. The Commission approved the proposed enterprise agreement, subject to certain modifications to ensure compliance with the relevant legislative requirements.

The Fair Work Commission approved the Elite Fire & Electrical Pty Ltd and ETU Enterprise Agreement 2021-2025, subject to modifications. The Commission found that the agreement met the criteria for approval under the Fair Work Act and was fair and reasonable. The union and Elite Fire & Electrical were directed to implement the approved agreement, with modifications, within the specified timeframe.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established