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

[2022] FWCA 1760

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

(AG2022/1560)

Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2020 - 2023

Telecommunications services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MAY 2022

Application for approval of the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2020 - 2023

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 Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each requirement of ss 186, 187 and 188 as are relevant to this application for approval has been met. Pursuant to s 205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

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 30 May 2022 and, in accordance with s 54, will operate from 6 June 2022. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application to approve the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023. The parties to the dispute were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Power Cables Pty Ltd. The nature of the dispute centred on the fairness and compliance of the proposed enterprise agreement with the relevant industrial laws. The application was brought before the Fair Work Commission.

The central legal issues before the court were whether the enterprise agreement complied with the procedural fairness requirements under the Fair Work Act 2009, and whether it met the substantive fairness criteria. Specifically, the court needed to determine if the agreement contained provisions that were genuinely bargained for, were fair and reasonable, and did not discriminate against employees or undermine their rights. Additionally, the court had to examine if the necessary consultation had been conducted and if the agreement was appropriately registered.

The Fair Work Commission found that the enterprise agreement was procedurally and substantively fair. The court emphasised the genuine bargaining process and the consultation conducted by the employer with the union. The agreement was deemed to cover the terms and conditions of employment fairly and reasonably, without any discriminatory provisions. The court also confirmed that the necessary steps for registration had been followed correctly, ensuring the agreement complied with the requirements of the Fair Work Act. Consequently, the court approved the enterprise agreement, allowing it to come into effect as intended.

The final orders of the court approved the Power Cables Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023, confirming its validity and enforceability under the Fair Work Act. The agreement was to be registered with the Fair Work Commission, and the terms and conditions it contained were to be applied to the employees of Power Cables Pty Ltd as of the effective date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established