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

[2022] FWCA 2154

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

(AG2022/2034)

Montec Electrical & Fire Pty. Limited & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JUNE 2022

Application for approval of the Montec Electrical & Fire 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 Montec Electrical & Fire 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 case before the Fair Work Commission was an application for the approval of the Montec Electrical & Fire Pty. Limited & ETU Enterprise Agreement 2021 – 2025. The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the agreement under section 233 of the Fair Work Act 2009. The dispute arose from negotiations between the union and the employer over the terms and conditions of employment for workers in the electrical industry.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine whether the agreement met the “better off overall test” under section 234 of the Act, which requires that employees be no worse off financially and generally better off overall as a consequence of the agreement. Additionally, the Commission examined whether the agreement contained appropriate provisions for employee representation and dispute resolution, and if it adhered to the provisions of the Act regarding minimum entitlements and lawful content.

The Commission found that the enterprise agreement met the “better off overall test” as it provided for wage increases and other benefits that, on balance, improved the financial and general conditions of the employees. The agreement also included provisions for employee representation and dispute resolution mechanisms, which were considered adequate. Furthermore, the Commission determined that the agreement complied with all statutory minimum entitlements and lawful content requirements. Consequently, the Commission approved the agreement, finding it to be in the interests of the employees and compliant with the relevant provisions of the Act.

The Fair Work Commission approved the Montec Electrical & Fire Pty. Limited & ETU Enterprise Agreement 2021 – 2025, determining that it met all legal requirements and was in the best interests of the employees. The decision was made under section 233 of the Fair Work Act 2009, and the agreement was registered with the Commission. This approval ensures that the terms and conditions set out in the agreement are legally binding for the duration of the agreement.

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