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

[2022] FWCA 2934

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

(AG2022/3463)

Satelvision Antenna & Digital Services & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 AUGUST 2022

Application for approval of the Satelvision Antenna & Digital Services & 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 Satelvision Antenna & Digital Services & 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 25 August 2022 and, in accordance with s 54, will operate from 1 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Electronic Trades Union. The Union sought approval for the Satelvision Antenna & Digital Services & ETU Enterprise Agreement 2021 – 2025. The court was required to determine whether the agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the court had to assess whether the agreement was in the best interests of the employees and if it was made in good faith. The Union argued that the agreement was fair and reasonable, and it provided benefits to the employees. The ETU, on the other hand, contended that the agreement was not in the best interests of the employees and was not made in good faith.

The court considered the evidence presented by both parties and examined the terms of the agreement. The court found that the agreement was in the best interests of the employees and was made in good faith. The court noted that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. The court also considered the process by which the agreement was made, and found that it was a genuine attempt by the parties to negotiate a fair and reasonable agreement. The court was satisfied that the agreement met the statutory requirements set out in the Fair Work Act 2009.

In light of the above, the court approved the Satelvision Antenna & Digital Services & ETU Enterprise Agreement 2021 – 2025. The court found that the agreement was fair and reasonable and was in the best interests of the employees. The court noted that the agreement provided for a modern and contemporary approach to employment relations, and it reflected the changing nature of the workplace. The court was satisfied that the agreement met the statutory requirements set out in the Fair Work Act 2009, and it was made in good faith. The court approved the agreement, and it will now be binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established