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

[2022] FWCA 3146

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

(AG2022/3700)

Ace Electrics Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 SEPTEMBER 2022

Application for approval of the Ace Electrics 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 Ace Electrics 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Ace Electrics Pty Ltd. The union sought approval for the Ace Electrics Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue was whether the agreement provided for the fair and efficient resolution of workplace issues, met the procedural requirements for approval, and adhered to the principles of good faith bargaining. The union argued that the agreement was a fair reflection of the bargaining process and provided adequate protections for employees, while Ace Electrics Pty Ltd contended that certain provisions did not align with the statutory requirements.

The Commission carefully examined the provisions of the agreement, considering the principles of good faith bargaining and the need for efficient and fair resolution of workplace issues. It assessed whether the agreement met the procedural requirements for approval, including whether the union had genuinely attempted to negotiate with the employer and whether the agreement was made in good faith. After thorough consideration, the Commission found that the agreement did meet the necessary criteria for approval, as it provided for the fair and efficient resolution of workplace issues and adhered to the principles of good faith bargaining.

The Fair Work Commission approved the Ace Electrics Pty Ltd & ETU Enterprise Agreement 2021 – 2025, confirming that it met the requirements of the Fair Work Act 2009. The agreement was deemed to provide for the fair and efficient resolution of workplace issues, met the procedural requirements for approval, and adhered to the principles of good faith bargaining. This decision ensures that the terms and conditions of employment for the relevant employees are governed by the approved agreement, providing a stable and fair framework for the workplace.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established