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

[2022] FWCA 1715

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

(AG2022/1431)

Brolec Proprietary Limited and ETU Melbourne Metro Tunnel Greenfields Agreement 2020 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MAY 2022

Application for approval of the Brolec Proprietary Limited and ETU Melbourne Metro Tunnel Greenfields 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 Brolec Proprietary Limited and ETU Melbourne Metro Tunnel Greenfields Agreement 2020 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU 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, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 25 May 2022 and, in accordance with s 54, will operate from 1 June 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application for approval of the Brolec Proprietary Limited and ETU Melbourne Metro Tunnel Greenfields Agreement 2020 - 2023. The agreement was entered into between the union and the employer, Brolec Proprietary Limited, for the employees engaged in the construction of the Melbourne Metro Tunnel Greenfields project. The union sought the Commission's approval of the agreement, as it was necessary to comply with the relevant provisions of the Fair Work Act 2009.

The legal issues that the Commission was required to decide included whether the agreement met the requirements for being a registered agreement under the Fair Work Act 2009, and whether the agreement contained terms that were consistent with the Fair Work Act's objectives of providing for fair and productive workplace relations. The Commission also had to determine whether the agreement provided for a fair and reasonable process for resolving any disputes that may arise between the parties.

In making its decision, the Commission considered the terms of the agreement, the bargaining positions of the parties, and the nature of the project. The Commission found that the agreement met the requirements for being a registered agreement and contained terms that were consistent with the objectives of the Fair Work Act. The Commission also found that the agreement provided for a fair and reasonable process for resolving any disputes that may arise between the parties. The Commission approved the agreement, subject to certain modifications to ensure that it complied with the Fair Work Act.

The final orders of the Commission included the approval of the agreement, subject to certain modifications, and the registration of the agreement as a registered agreement under the Fair Work Act. The modifications included changes to the agreement's termination provisions to ensure that they complied with the Fair Work Act's requirements for terminating registered agreements. The Commission also ordered that the agreement be published on its website to ensure transparency and promote compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established