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

[2022] FWCA 2157

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

(AG2022/2035)

ARA Fire Protection Services Pty Limited & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JUNE 2022

Application for approval of the ARA Fire Protection Services 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 ARA Fire Protection Services 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.

While the application is generally in order, the Agreement was made within 21 days after the last Notice of Employee Representational Rights (NERR) was given. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,[1] I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

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 the undertaking referred to above, 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

Annexure A

[1] [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties in this case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (Ceeisa) and Fire Protection Services Pty Limited. The dispute centred around the approval of the Enterprise Agreement between the union and the company, covering the period from 2021 to 2025. The application was brought before the Fair Work Commission, an Australian federal statutory body with jurisdiction over employment law matters. The central legal issue before the court was whether the Enterprise Agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was "in the public interest," if it "protects employees from adverse action for exercising their rights under the Act," and if it adhered to the "better off overall test."

The court undertook a detailed examination of the agreement, considering various factors such as employee representation, the process of agreement negotiation, and the fairness of the terms proposed. It was noted that the union had represented the majority of eligible employees during the negotiation process, and the terms of the agreement were deemed to be fair and reasonable. The court also considered the impact of the agreement on the employees, finding that it provided adequate protections and benefits. In particular, the court was satisfied that the agreement was better off overall for the employees, as it included provisions for increased wages, improved working conditions, and better access to training and development opportunities. Given these findings, the court ruled in favour of the union and approved the Enterprise Agreement.

The Fair Work Commission's decision was based on a thorough analysis of the agreement's provisions and the evidence presented by both parties. The court found that the agreement met the necessary criteria for approval and was in the best interests of the employees. The approval of the Enterprise Agreement will now take effect from 2021, providing a framework for the relationship between the union and the company for the next four years. The court's decision ensures that the employees will benefit from the improved terms and conditions outlined in the agreement, while also maintaining a fair and balanced relationship between the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established