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

[2022] FWCA 2158

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

(AG2022/2036)

Q4EC Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JUNE 2022

Application for approval of the Q4EC Pty Ltd 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 the Q4EC Pty Ltd 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 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
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Q4EC Pty Ltd. The Union sought approval for the Q4EC Pty Ltd ETU Enterprise Agreement 2021 – 2025. The dispute was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement was a "better off overall test" (BOOT) compliant agreement. This involved assessing if the agreement provided employees with terms and conditions that were no worse than those provided under the relevant award or safety net award, while also ensuring that the agreement met the broader objectives of the Fair Work Act, including promoting high levels of employment and avoiding workplace disputes. The Commission needed to consider if the agreement adequately balanced the interests of the employees and the employer, and if it adhered to the procedural requirements for approval.

The Fair Work Commission found that the enterprise agreement did meet the BOOT requirements and was compliant with the relevant legislative provisions. The agreement was deemed to provide employees with terms and conditions that were at least as favourable as those provided under the applicable award. The Commission also found that the agreement appropriately balanced the interests of both parties and did not contain any unfair terms. Consequently, the Fair Work Commission approved the Q4EC Pty Ltd ETU Enterprise Agreement 2021 – 2025, deeming it to be in accordance with the Fair Work Act.

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