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

[2022] FWCA 2601

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

(AG2022/3108)

Alerton Contracting Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 AUGUST 2022

Application for approval of the Alerton 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 an enterprise agreement known as the Alerton 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 2 August 2022 and, in accordance with s 54, will operate from 9 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 Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Alerton Contracting Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The application was brought under the Fair Work Act 2009, seeking to have the enterprise agreement registered by the Commission. The agreement was intended to govern the employment conditions of employees of Alerton Contracting Pty Ltd.

The primary legal issues addressed by the Commission were whether the agreement was a "registered" agreement as defined by the Fair Work Act and whether it met the requirements for "good faith" bargaining. Specifically, the Commission needed to determine if the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions as stipulated by the Act, and if it complied with the provisions regarding the protection of employees' rights. Additionally, the Commission had to ensure that the agreement did not undermine the existing industrial safety and security protections.

In its decision, the Commission considered the evidence and submissions provided by the parties, including the process through which the agreement was negotiated. The Commission found that the agreement had been made in good faith and included all the required minimum terms and conditions. It also determined that the agreement did not adversely affect the rights of employees and was consistent with the protections outlined in the Fair Work Act. Based on these findings, the Commission approved the application and registered the enterprise agreement, thereby making it legally binding on the parties involved.

The final order of the Commission was that the Alerton Contracting Pty Ltd & ETU Enterprise Agreement 2021 – 2025 be registered and approved under section 181 of the Fair Work Act 2009. This registration ensures that the agreement will govern the employment terms and conditions of the employees for the specified period and provides a legal framework for the industrial relations between the union and the employer.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established