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

[2022] FWCA 1874

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

(AG2022/1702)

Ion Electrical (SA) Pty Ltd & CEPU South Australian Enterprise Agreement 2022

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 JUNE 2022

Application for approval of the Ion Electrical (SA) Pty Ltd & CEPU South Australian Enterprise Agreement 2022

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 Ion Electrical (SA) Pty Ltd & CEPU South Australian Enterprise Agreement 2022 (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 8 June 2022 and, in accordance with s 54, will operate from 15 June 2022. The nominal expiry date of the Agreement is 8 June 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of the Ion Electrical (SA) Pty Ltd & CEPU South Australian Enterprise Agreement 2022. The parties to the dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the employer's representative, and Ion Electrical (SA) Pty Ltd. The nature of the dispute was the approval of an enterprise agreement, which had been negotiated between the employer and the union. The case was heard by the Fair Work Commission.

The legal issues that the court had to decide were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the agreement was in the best interests of the employees. The court had to consider whether the agreement provided for terms and conditions that were no worse off financially than the applicable award or registered agreement, and whether it complied with other legislative requirements. The court also had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was in the best interests of the employees.

The court found that the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009, and that it was in the best interests of the employees. The court noted that the agreement provided for terms and conditions that were no worse off financially than the applicable award or registered agreement, and that it complied with other legislative requirements. The court also found that the agreement provided for fair and reasonable terms and conditions, and that it was in the best interests of the employees. The court approved the enterprise agreement, and it became effective from the date of the decision.

The final orders of the court were that the Ion Electrical (SA) Pty Ltd & CEPU South Australian Enterprise Agreement 2022 be approved, and that it be registered by the Commission. The orders also provided for the agreement to be published on the Commission's website, and for the parties to take all necessary steps to give effect to the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established