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

[2022] FWCA 2600

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

(AG2022/3104)

Mechanical Electrical Controls Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 AUGUST 2022

Application for approval of the Mechanical Electrical Controls 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 Mechanical Electrical Controls 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 court involved an application for the approval of the Mechanical Electrical Controls Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The applicants, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement under the Fair Work Act 2009. The nature of the dispute centred on the provisions within the agreement that pertained to terms and conditions of employment for the employees of Mechanical Electrical Controls Pty Ltd. The Fair Work Commission was the court that heard the application.

The court was required to determine several key legal issues. Primarily, it had to assess whether the agreement met the requirements for approval under section 232 of the Fair Work Act. This involved verifying that the agreement was in the public interest, contained no discriminatory provisions, and did not unfairly disadvantage any party. Additionally, the court needed to examine the process by which the agreement was negotiated and whether it complied with the necessary procedural fairness standards.

In delivering the decision, the court meticulously reviewed the terms of the agreement, focusing on the provisions that related to wages, hours of work, and other conditions of employment. It found that the agreement contained provisions that were fair and reasonable, and it did not identify any discriminatory clauses. The court also concluded that the negotiation process adhered to the legal requirements, ensuring procedural fairness. Consequently, the court approved the agreement, affirming that it met all statutory criteria and was in the public interest.

The final orders of the court included the approval of the Mechanical Electrical Controls Pty Ltd & ETU Enterprise Agreement 2021 – 2025, effective from the date of the decision. The agreement was to be registered by the Fair Work Commission and would bind the parties from the specified commencement date, ensuring that all terms and conditions were legally enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established