| [2022] FWCA 2151 |
| 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
(AG2022/2033)
Vic Tech Consulting & Construction Pty Ltd & ETU Enterprise Agreement 2021 – 2025
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 29 JUNE 2022 |
Application for approval of the Vic Tech Consulting & Construction 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 an enterprise agreement known as the Vic Tech Consulting & Construction 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 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
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Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 2151
- Case
- [2022] FWCA 2151
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the enterprise agreement complied with the Fair Work Act 2009, including provisions relating to minimum wages, classification of employees, and other conditions of employment. The union's main contention was that the agreement failed to provide for adequate minimum wage rates and failed to classify employees correctly, which would have resulted in unfair treatment of the employees under the agreement. Additionally, the union argued that the agreement did not adequately address other conditions of employment, such as leave entitlements and working hours.
The Commission carefully reviewed the terms of the agreement and considered the evidence and submissions from both parties. It found that while there were some shortcomings in the agreement, particularly regarding minimum wage rates and employee classification, these issues could be resolved through minor amendments. The Commission determined that the overall purpose and effect of the agreement was to provide for fair and reasonable terms and conditions of employment, and that the benefits of approving the agreement outweighed the deficiencies. Consequently, the Commission approved the enterprise agreement with certain conditions attached, requiring the parties to address the identified shortcomings within a specified timeframe.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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