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

[2022] FWCA 3147

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

(AG2022/3716)

Control IT (Australia) Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 SEPTEMBER 2022

Application for approval of the Control IT (Australia) 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 the Control IT (Australia) 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 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
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant union submitted an application to the Fair Work Commission seeking approval of the Control IT (Australia) Pty Ltd & ETU Enterprise Agreement 2021 - 2025. The applicant union submitted that the agreement satisfied the requirements of the Fair Work Act 2009 and that it should be approved. The Fair Work Commission was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act.

In assessing whether the agreement met the statutory requirements, the Fair Work Commission was required to consider whether the agreement dealt with the matters listed in section 235 of the Fair Work Act, whether it complied with the good faith bargaining obligations under section 238 of the Fair Work Act, and whether it was in the interests of the employees. The Fair Work Commission found that the agreement satisfied the statutory requirements for approval and was in the interests of the employees. The Fair Work Commission approved the agreement.

The Fair Work Commission found that the agreement dealt with the matters listed in section 235 of the Fair Work Act and complied with the good faith bargaining obligations under section 238 of the Fair Work Act. The Fair Work Commission was satisfied that the agreement was in the interests of the employees. The Fair Work Commission approved the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established