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

[2022] FWCA 2660

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

(AG2022/3123)

A2B Personnel Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 AUGUST 2022

Application for approval of the A2B Personnel 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 A2B Personnel 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

Annexure A

CaseChat Overview and Summary

The applicant union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for the approval of the A2B Personnel Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The applicant argued that the agreement was made in good faith and met the requirements of the Fair Work Act 2009. The dispute arose because the employer, A2B Personnel Pty Ltd, and the union had negotiated an agreement that needed to be certified and approved to be legally binding.

The central legal issue before the Commission was whether the enterprise agreement complied with the Fair Work Act. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it contained the required 'minimum terms and conditions', and whether it met the 'better off overall test'. The 'better off overall test' required that the agreement was at least as good as the relevant award or safety net for employees.

The Fair Work Commission found that the agreement met all the statutory requirements. The Commission noted that the union and the employer had negotiated in good faith, and the agreement contained all the necessary minimum terms and conditions. The Commission also concluded that the agreement was better off overall for the employees, as it provided them with benefits that exceeded the relevant award or safety net. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the A2B Personnel Pty Ltd & ETU Enterprise Agreement 2021 – 2025, finding it met all the requirements of the Fair Work Act. The agreement was made in good faith, contained the necessary minimum terms and conditions, and met the better off overall test. The Commission certified the agreement, making it a legally binding contract between the union, the employer, and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established