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

[2022] FWC 3293

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

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

(AG2022/3808)

PLM Electrics Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 SEPTEMBER 2022

Application for approval of the PLM 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 PLM 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 21 September 2022 and, in accordance with s 54, will operate from 28 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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEAIU) and PLM Electrics Pty Ltd. The union applied for the approval of the PLM Electrics Pty Ltd & ETU Enterprise Agreement 2021 – 2025, which was entered into under the Fair Work Act 2009. The court was tasked with determining whether the agreement met the statutory requirements for approval.

The primary legal issue before the court was whether the enterprise agreement contained all the prescribed terms as per section 233 of the Fair Work Act 2009. Specifically, the court had to examine if the agreement included all the mandatory minimum terms that must be present in an enterprise agreement under the Act. The court also needed to assess if the agreement was fair and reasonable and whether the bargaining process adhered to the legal standards set forth in the Act.

In delivering its judgment, the court examined the terms of the agreement and found that it included all the mandatory minimum terms required by section 233 of the Fair Work Act 2009. The court also considered the fairness and reasonableness of the agreement, taking into account the bargaining process and the parties' conduct during negotiations. The court concluded that the agreement was fair and reasonable and that the bargaining process complied with the requirements of the Act. Therefore, the court approved the PLM Electrics Pty Ltd & ETU Enterprise Agreement 2021 – 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established