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

[2022] FWCA 2161

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

(AG2022/2038)

Walker Fire Protection Pty Limited & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JUNE 2022

Application for approval of the Walker Fire Protection Pty Limited & 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 Walker Fire Protection Pty Limited & 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 29 June 2022 and, in accordance with s 54, will operate from 6 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

The matter before the Fair Work Commission involved an application for the approval of the Walker Fire Protection Pty Limited & ETU Enterprise Agreement 2021 – 2025. The applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement, which had been negotiated between the union and the employer, Walker Fire Protection Pty Limited. The agreement contained various terms and conditions of employment for the employees covered by the agreement, including provisions relating to wages, hours of work, leave, and other employment-related matters.

The primary legal issue before the court was whether the agreement met the requirements of section 232 of the Fair Work Act 2009. The court needed to determine whether the agreement was in the public interest, provided for the proper regulation of the relevant industry, and was otherwise consistent with the principles of the Act. The court also needed to consider whether the agreement provided for the fair and equitable treatment of employees, including whether it provided for adequate pay and conditions, and whether it was consistent with the principles of enterprise bargaining.

In determining whether the agreement met the requirements of section 232 of the Fair Work Act 2009, the court considered a range of factors, including the nature and content of the agreement, the bargaining process that led to the agreement, and the views of the parties and other stakeholders. The court found that the agreement was in the public interest, provided for the proper regulation of the relevant industry, and was consistent with the principles of the Act. The court also found that the agreement provided for the fair and equitable treatment of employees, including adequate pay and conditions, and was consistent with the principles of enterprise bargaining. Accordingly, the court approved the agreement.

The Fair Work Commission approved the Walker Fire Protection Pty Limited & ETU Enterprise Agreement 2021 – 2025. The agreement will now apply to the employees covered by the agreement, and will remain in effect until it is superseded by a new agreement or until it is terminated in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established