| [2022] FWCA 3148 |
| 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
(AG2022/3735)
MVIC Pty Ltd & ETU Enterprise Agreement 2021 – 2025
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 9 SEPTEMBER 2022 |
Application for approval of the MVIC 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 the MVIC 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 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
<AE517382 PR745681>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 3148
- Case
- [2022] FWCA 3148
- Decision Date
CaseChat Overview and Summary
The central legal issues before the Commission involved ensuring the agreement complied with the statutory requirements, including the provisions under section 231 of the Act. These provisions demand that an enterprise agreement must not contain any term that is less favourable than the relevant award or safety net award, and it must not include a term that is less favourable than the safety net award. The Commission also needed to assess whether the agreement had been fairly and genuinely negotiated and whether it included the necessary provisions as per section 228 of the Act.
The Fair Work Commission, in assessing the application, found that the proposed agreement complied with all statutory requirements. The agreement was negotiated in good faith and contained all the mandated provisions, including those regarding minimum rates of pay, allowances, and other employment conditions. The Commission was satisfied that the agreement did not include any terms that were less favourable than the relevant safety net award. Consequently, the Commission approved the enterprise agreement.
The Fair Work Commission issued an order approving the MVIC Pty Ltd and ETU Enterprise Agreement 2021-2025, effective from the date of the Commission's decision. The agreement was deemed to comply with the statutory requirements and was approved as an enterprise agreement under the Fair Work Act 2009.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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