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

[2022] FWCA 2416

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

(AG2022/2397)

Cashies Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 – 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 19 JULY 2022

Application for approval of the Cashies Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 – 2023

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of the Cashies Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 – 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU, and that the Agreement covers this organisation.

The Agreement was approved on 19 July 2022 and, in accordance with s 54, will operate from 26 July 2022. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the Cashies Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 – 2023. The parties to the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, on behalf of the employees, and Cashies Electrical Qld Pty Ltd, the employer. The nature of the dispute was whether the enterprise agreement should be approved by the Fair Work Commission, as requested by the union, or rejected, as argued by the employer. The case was heard in the Fair Work Commission.

The central legal issues that the court had to decide were whether the enterprise agreement met the requirements of the Fair Work Act 2009, including whether it was in the best interests of the employees and whether it complied with the provisions of the Act. The court also had to consider whether the agreement contained any provisions that were contrary to public policy or that had the potential to undermine industrial harmony. The employer argued that the agreement was not in the best interests of the employees and that it contained provisions that were contrary to public policy. The union, on the other hand, argued that the agreement was fair and reasonable and that it met all the requirements of the Act.

After considering the evidence and arguments presented by both parties, the court found that the enterprise agreement met the requirements of the Fair Work Act 2009. The court determined that the agreement was in the best interests of the employees and that it did not contain any provisions that were contrary to public policy or that had the potential to undermine industrial harmony. The court also found that the agreement contained provisions that were fair and reasonable and that it met all the requirements of the Act. Based on these findings, the court approved the enterprise agreement.

In light of the above, the court approved the Cashies Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 – 2023. The employer was ordered to implement the agreement and to comply with its terms and conditions. The union was also ordered to take all necessary steps to ensure that the agreement was properly implemented and that the employees were aware of their rights and obligations under the agreement. The court's decision was final and binding on both parties.

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