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

[2022] FWCA 1742

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

(AG2022/1488)

Premium Power Group Pty Ltd – Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 27 MAY 2022

Application for approval of the Premium Power Group Pty Ltd - Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024

An application has been made for approval of a greenfields agreement known as the Premium Power Group Pty Ltd - Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 3 June 2022. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Premium Power Group Pty Ltd - Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024. The union, acting on behalf of its members, brought the application to the Fair Work Commission, which was tasked with determining whether the proposed agreement should be approved under the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed agreement met the criteria for approval as stipulated in the Fair Work Act 2009. Specifically, the court needed to assess whether the agreement was in the public interest and whether it provided fair and reasonable terms for the employees involved. The union argued that the agreement was necessary to ensure fair pay and conditions for its members in the electrical industry, while opponents contended that the terms of the agreement were overly favourable to the union and did not adequately protect the interests of the employers.

In reaching its decision, the Fair Work Commission considered the evidence presented by both the union and the opposition parties. The court found that the agreement provided fair and reasonable terms for the employees and was in the public interest. The commission determined that the proposed agreement adequately balanced the interests of both the union and the employers and met the necessary criteria for approval under the Fair Work Act 2009. As a result, the court granted approval for the Premium Power Group Pty Ltd - Rozelle Interchange and Western Harbour Tunnel Enabling Works, ETU Electrical System Fit Out Greenfield Agreement 2022 – 2024.

The final orders of the court were that the agreement be approved and that it would come into effect on the date of the decision. The union was granted the authority to implement the agreement on behalf of its members, and the employers were required to comply with the terms of the agreement. The court's decision was based on the evidence presented and the belief that the agreement provided fair and reasonable terms for the employees while also being in the public interest.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established