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

[2022] FWCA 2035

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

(AG2022/1962)

Diverse Fire Systems Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 JUNE 2022

Application for approval of the Diverse Fire Systems 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 Diverse Fire Systems 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 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 application before the court was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the Diverse Fire Systems Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The application was heard in the Fair Work Commission. The union argued that the agreement met the requirements of the Fair Work Act 2009 and should be approved, while no other party contested the application.

The primary legal issue before the court was whether the Diverse Fire Systems Pty Ltd & ETU Enterprise Agreement 2021 – 2025 complied with the Fair Work Act 2009. The court had to consider whether the agreement had been made in the ‘best interests’ of the employees and whether it contained the ‘mandatory’ terms set out in the Fair Work Act 2009. The court also needed to ensure that the agreement had been made ‘in good faith’ and that the parties had engaged in ‘genuine’ bargaining.

The court found that the agreement met the requirements of the Fair Work Act 2009. The court examined the terms of the agreement and concluded that they were in the best interests of the employees. The court found that the agreement contained all the mandatory terms set out in the Fair Work Act 2009 and that the parties had engaged in genuine bargaining. The court was satisfied that the agreement had been made in good faith and that the union had acted within its powers in seeking to have the agreement approved. The court approved the Diverse Fire Systems Pty Ltd & ETU Enterprise Agreement 2021 – 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established