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

[2022] FWCA 2818

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

(AG2022/3359)

Central Power Pty. Ltd. & ETU Powerline Enterprise Agreement 2020-2023

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 AUGUST 2022

Application for approval of the Central Power Pty. Ltd. & ETU Powerline Enterprise Agreement 2020-2023

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of the Central Power Pty. Ltd. & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 and 188 as are relevant to this application for approval has been met.

Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 August 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, the Fair Work Commission was called upon to approve the Central Power Pty. Ltd. & ETU Powerline Enterprise Agreement 2020-2023. The union, acting on behalf of the employees, had applied for the agreement to be registered as a certified agreement under the Fair Work Act 2009. The company, Central Power Pty. Ltd., along with the Electrical Trades Union (ETU), had submitted the agreement for consideration, seeking formal approval.

The central legal issue before the Commission was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act. This involved assessing whether the agreement contained the requisite "no-disadvantage" and "no-protected-action" clauses and whether it adhered to the standards outlined in the Act, such as ensuring fair terms and conditions of employment. The Commission also needed to consider whether the agreement had been made in good faith and whether it appropriately balanced the interests of both employers and employees.

The Fair Work Commission, after a thorough review, determined that the agreement did indeed meet all the statutory requirements for approval. The Commission found that the agreement contained the necessary clauses and was made in good faith. It was also noted that the agreement provided fair terms and conditions of employment, adequately balancing the interests of both parties. The Commission was satisfied that the agreement was in line with the principles of the Fair Work Act and, therefore, approved the application for registration.

In conclusion, the Fair Work Commission approved the Central Power Pty. Ltd. & ETU Powerline Enterprise Agreement 2020-2023 as a certified agreement. The decision reflects the Commission's careful consideration of the statutory criteria and its determination that the agreement met the necessary requirements for approval.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established