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

[2022] FWCA 3150

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

(AG2022/3737)

Johnson Controls Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 SEPTEMBER 2022

Application for approval of the Johnson Controls 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 Johnson Controls 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.

While the application is generally in order, employees did not receive a copy of the Notice of Employee Representational Rights (NERR) within 14 days of notification time. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

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. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 9 September 2022 and, in accordance with s 54, will operate from 16 September 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of an enterprise agreement between Johnson Controls Pty Ltd and the Electrical Trade Union (the ETU). The dispute centred around whether the proposed enterprise agreement met the legal standards and obligations required for its approval under the Fair Work Act 2009. The Commission, presided over by Deputy President G McDougall, was tasked with reviewing the agreement to ensure it complied with the necessary legislative criteria.

The legal issues the Commission needed to address included whether the agreement provided for a fair and equitable workplace, adhered to minimum entitlements, and was free from any unlawful content. Additionally, the Commission examined whether the agreement was genuinely negotiated between the employer and the union and if it complied with the procedural requirements for enterprise agreements. The focus was on the fairness and adequacy of the proposed terms, including wages, conditions, and dispute resolution mechanisms, as well as ensuring the agreement was not contrary to public policy.

In reaching its decision, the Commission thoroughly reviewed the submissions and evidence provided by the parties. The analysis revealed that the agreement contained provisions that were fair and reasonable, covering the essential terms of employment, and provided for an effective dispute resolution process. The Commission determined that the agreement did not contravene any statutory requirements and was negotiated in good faith. Consequently, the Commission approved the Johnson Controls Pty Ltd & ETU Enterprise Agreement 2021-2025, finding it to be compliant with the relevant legal standards and appropriately balanced in its terms.

The Fair Work Commission approved the enterprise agreement, effective from the specified dates, and mandated its registration with the Fair Work Commission. This decision finalised the application, ensuring the agreement would govern the employment terms between Johnson Controls Pty Ltd and the ETU for the stipulated period.

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