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

[2022] FWCA 2821

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

(AG2022/3371)

Vast Electrical Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 AUGUST 2022

Application for approval of the Vast Electrical Services 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 an enterprise agreement known as the Vast Electrical Services 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 18 August 2022 and, in accordance with s 54, will operate from 25 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of the Vast Electrical Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The dispute was heard in the Fair Work Commission. The union aimed to secure the agreement's approval, which outlined terms and conditions for employees under the enterprise.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act 2009, particularly in relation to the "better off overall test" (BOOT) and whether the agreement complied with relevant minimum standards. The Commission had to consider if the agreement provided employees with terms and conditions that were at least as good as those provided by the relevant award or registered agreement, and if it contained any provisions that were not genuinely bargained for between the parties.

In its decision, the Commission carefully examined the provisions of the agreement against the relevant legal standards. It found that the agreement satisfied the BOOT and complied with the minimum standards prescribed by the Act. The Commission also noted that the union had genuinely negotiated the terms with the employer, ensuring that the agreement was fair and reasonable. Consequently, the Fair Work Commission approved the enterprise agreement, recognising its compliance with the statutory requirements.

The Commission made an order approving the Vast Electrical Services Pty Ltd & ETU Enterprise Agreement 2021 – 2025, effective from the date of the decision. This decision provided certainty to both the union and the employer regarding the terms and conditions of employment covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established