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

[2022] FWCA 2216

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

(AG2022/2109)

Absolute Commissioning Group Pty Ltd & ETU Greenfields Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 JULY 2022

Application for approval of the Absolute Commissioning Group Pty Ltd & ETU Greenfields 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 Absolute Commissioning Group Pty Ltd & ETU Greenfields Agreement 2021 – 2025 (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 is 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.

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. 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 4 July 2022 and, in accordance with s 54, will operate from 11 July 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval for the Absolute Commissioning Group Pty Ltd & ETU Greenfields Agreement 2021 – 2025. The union argued that the agreement, which was made in good faith, should be approved as it met the requirements of the Fair Work Act 2009. The applicant company opposed the application, contending that the agreement was not made in good faith and did not comply with the Act.

The central legal issue for the commission to decide was whether the agreement was made in good faith and complied with the statutory requirements. The applicant union argued that the agreement was negotiated in good faith and was consistent with the provisions of the Act. The respondent company contended that the agreement was not made in good faith and did not comply with the Act, particularly in relation to the provisions regarding minimum wages and conditions.

After reviewing the evidence and submissions from both parties, the commission found that the agreement was made in good faith and complied with the statutory requirements. The commission considered that the agreement provided for fair and reasonable terms and conditions, and that the parties had negotiated in good faith. The commission also noted that the agreement provided for minimum wages and conditions that were consistent with the relevant awards and enterprise agreements. Accordingly, the commission approved the agreement.

The final orders of the commission were that the Absolute Commissioning Group Pty Ltd & ETU Greenfields Agreement 2021 – 2025 be approved as a registered agreement under section 175 of the Fair Work Act 2009. The agreement was to be registered and published on the Fair Work Commission’s website, and would be in effect from the date of registration. The commission also directed that the agreement be notified to the relevant parties and stakeholders.

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