| [2022] FWCA 2664 |
| 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
(AG2022/3128)
ST MechElec Victoria Pty Ltd & ETU Enterprise Agreement 2021 – 2025
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 5 AUGUST 2022 |
Application for approval of the ST MechElec Victoria 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 ST MechElec Victoria 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 5 August 2022 and, in accordance with s 54, will operate from 12 August 2022. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE516929 PR744547>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 2664
- Case
- [2022] FWCA 2664
- Decision Date
CaseChat Overview and Summary
The legal issues before the court involved assessing whether the agreement complied with the procedural and substantive requirements under the Fair Work Act. Procedurally, the court had to determine if the agreement was made in good faith and involved genuine bargaining. Substantively, the court examined whether the agreement provided for fair terms and conditions, including minimum rates of pay, classification of employees, and other employment-related matters. The court also had to ensure that the agreement did not adversely affect employees' entitlements and provided for fair dispute resolution mechanisms.
In its decision, the Fair Work Commission carefully reviewed the provisions of the agreement against the statutory framework. The Commission found that the agreement was made in good faith and involved genuine bargaining between the parties. The substantive terms of the agreement were deemed fair, with adequate provisions for minimum wages, employee classification, and other employment terms. The Commission noted that while some provisions raised concerns about operational flexibility, these did not outweigh the overall fairness of the agreement. The Commission concluded that the agreement met the necessary legal standards and approved the ST MechElec Victoria Pty Ltd & ETU Enterprise Agreement 2021-2025.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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