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

[2022] FWCA 2602

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

(AG2022/3106)

Decon Industries Pty Ltd & ETU Enterprise Agreement2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 2 AUGUST 2022

Application for approval of the Decon Industries 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 Decon Industries 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 concerned an application for the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Decon Industries Pty Ltd. The Union sought to have the proposed agreement for the period 2021-2025 approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act and whether it was in the best interests of the employees it was intended to cover.

The key legal issues the Commission had to determine were whether the agreement was a genuine enterprise agreement, whether it complied with the statutory requirements of the Fair Work Act, and whether it was appropriate to make an order approving the agreement. The Union argued that the agreement was bona fide and contained terms that were fair and reasonable. Decon Industries Pty Ltd, on the other hand, contended that the agreement did not meet the statutory requirements and was not in the best interests of the employees.

In delivering its decision, the Commission considered the provisions of the Fair Work Act and the principles established in relevant case law. It examined the process by which the agreement was negotiated, the content of the agreement, and the interests of the employees it sought to cover. The Commission found that the agreement was genuinely negotiated, met the requirements of the Act, and was in the best interests of the employees. The Commission approved the agreement, noting that it contained terms that were fair and reasonable, and that it would provide for the efficient and effective operation of the workplace.

The Commission made an order approving the Decon Industries Pty Ltd & ETU Enterprise Agreement 2021-2025 as a registered agreement under the Fair Work Act. The agreement will now be registered and will apply to the employees it was intended to cover. The approval of the agreement will provide certainty and stability in the workplace and will govern the employment terms and conditions of the employees for the period 2021-2025.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established