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

[2022] FWCA 1716

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

(AG2022/1468)

Trustee for The Baker Family Trust T/A DRB MechElec ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MAY 2022

Application for approval of the Trustee for The Baker Family Trust T/A DRB MechElec 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 an enterprise agreement known as the Trustee for The Baker Family Trust T/A DRB MechElec 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 25 May 2022 and, in accordance with s 54, will operate from 1 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 case before the Fair Work Commission involved an application by the Trustee for The Baker Family Trust for approval of the Enterprise Agreement (EA) between the employer, DRB MechElec, and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The EA, which was for the period 2021 to 2025, sought to regulate the terms and conditions of employment for the employees of DRB MechElec. The application for approval was brought before the Fair Work Commission to ensure that the EA complied with the provisions of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the EA met the requirements of the Fair Work Act. Specifically, the Commission needed to determine whether the EA had been made in good faith and whether it contained the necessary provisions for the protection of employees' rights and interests. Additionally, the Commission was required to assess whether the EA provided for a fair and reasonable process for resolving any disputes that might arise during the term of the agreement.

In reaching its decision, the Fair Work Commission considered the submissions of both the employer and the union, as well as the relevant provisions of the Fair Work Act. The Commission found that the EA had been made in good faith and that it contained provisions that were fair and reasonable for the employees of DRB MechElec. The Commission also determined that the EA provided for an effective process for resolving any disputes that might arise during the term of the agreement. As such, the Commission approved the EA and directed that it be registered with the Fair Work Ombudsman.

The Fair Work Commission's decision to approve the EA demonstrates its commitment to ensuring that employment agreements are fair and reasonable for both employers and employees. By considering the submissions of both parties and the relevant provisions of the Fair Work Act, the Commission was able to make an informed decision that balanced the interests of all stakeholders. The registration of the EA with the Fair Work Ombudsman will ensure that it is enforced and that any breaches are addressed in a timely and effective manner.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established