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

[2022] FWCA 2037

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

(AG2022/1967)

Matterhorn Installation Services Aust Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JUNE 2022

Application for approval of the Matterhorn Installation Services Aust 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 Matterhorn Installation Services Aust 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 21 June 2022 and, in accordance with s 54, will operate from 28 June 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought approval of the Matterhorn Installation Services Aust Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The dispute arose under the Fair Work Act 2009, specifically the process for the approval of an enterprise agreement. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for registration under the Fair Work Act. This involved assessing whether the agreement contained all the required terms, was free from prohibited content, and complied with the relevant provisions of the Act. The Commission also needed to determine if the agreement had been made in good faith and whether it provided for proper dispute resolution mechanisms.

In delivering its decision, the Commission considered the arguments presented by the applicant and the responses from other parties. The Commission examined the terms of the proposed agreement to ensure it included all mandatory provisions, such as minimum wage rates, penalty rates, and leave entitlements. The Commission also reviewed the agreement to confirm it did not contain any prohibited content, such as terms that would undermine the operation of the Fair Work Act or the rights of employees. Additionally, the Commission assessed whether the agreement had been made in good faith and whether it provided for proper dispute resolution mechanisms.

The Commission found that the proposed enterprise agreement met all the necessary criteria for registration. It contained all the required terms, was free from prohibited content, and complied with the relevant provisions of the Fair Work Act. The agreement was also made in good faith and provided for proper dispute resolution mechanisms. Consequently, the Commission approved the agreement, which will now be binding on the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established