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

[2022] FWCA 2758

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

(AG2022/3284)

Mecsys Contracting Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 AUGUST 2022

Application for approval of the Mecsys Contracting 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 Mecsys Contracting 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 15 August 2022 and, in accordance with s 54, will operate from 22 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 court involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to seek approval of the Mecsys Contracting Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The applicant union sought to have the proposed agreement recognised as a registered agreement under the Fair Work Act 2009. The dispute centred on the terms of the agreement, which were being contested by the respondents.

The court was tasked with determining whether the proposed agreement met the statutory requirements under the Fair Work Act. Specifically, the court had to consider whether the agreement was in the public interest, provided for a minimum rate of pay and conditions that were no less favourable than the relevant award or safety net award, and whether the agreement was procedurally valid. The court also had to examine whether the agreement was made in good faith and whether the necessary procedural steps had been followed.

In its decision, the court examined the evidence provided by both parties and considered the legal framework governing enterprise agreements. The court found that the proposed agreement satisfied the requirements of the Fair Work Act, including the public interest and minimum safety net tests. The court also concluded that the agreement was procedurally valid and had been made in good faith. Consequently, the court approved the Mecsys Contracting Pty Ltd & ETU Enterprise Agreement 2021 – 2025.

The court's final order was that the proposed agreement be registered as a registered agreement under the Fair Work Act. This decision provides clarity for the parties involved and ensures that the agreement can be implemented in accordance with the legal requirements.

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