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

[2022] FWCA 2861

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

(AG2022/3385)

CWP Electrics Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 AUGUST 2022

Application for approval of the CWP 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 CWP 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 22 August 2022 and, in accordance with s 54, will operate from 29 August 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 Fair Work Commission involved an application for the approval of the Enterprise Agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and CWP Electrics Pty Ltd. The Union sought to have the agreement, which outlined terms and conditions for employees within the electrical industry, recognised and enforced. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement complied with the procedural and substantive requirements set out in the Fair Work Act. Procedurally, the Union needed to demonstrate that the agreement was made in good faith and involved genuine bargaining. Substantively, the agreement had to meet certain criteria, including that it did not adversely affect employees' general conditions of employment and included a dispute resolution procedure. The Commission had to determine whether the agreement satisfied these conditions and if it was in the best interests of the employees involved.

The Commission found that the agreement was made in good faith and involved genuine bargaining. It concluded that the agreement met the procedural requirements for approval. On the substantive front, the Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and did not adversely affect the general conditions of employment. It also found that the dispute resolution procedure was adequate. Given these findings, the Commission approved the agreement. The decision recognised the agreement as a lawful and binding contract between the Union and the employer, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established