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

[2022] FWCA 1584

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

(AG2022/1301)

Absolute Commissioning Group Pty Ltd ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 MAY 2022

Application for approval of the Absolute Commissioning Group Pty Ltd ETU Melbourne Metro Tunnel 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 Absolute Commissioning Group Pty Ltd ETU Melbourne Metro Tunnel Enterprise 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 12 May 2022 and, in accordance with s 54, will operate from 19 May 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

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Absolute Commissioning Group Pty Ltd, sought the Fair Work Commission's approval of the Melbourne Metro Tunnel Enterprise Agreement 2020-2023. The nature of the dispute was the union's application for the agreement to be certified as a single-employer agreement under the Fair Work Act 2009. The Commission was the adjudicator.

The primary legal issues the court needed to determine were whether the agreement complied with the requirements of the Fair Work Act and if the process of agreement formation was fair and democratic. This included verifying whether the union genuinely represented the employees and if the agreement contained the necessary minimum terms and conditions as stipulated by the Act.

In deliberating on the application, the Commission examined the evidence and submissions provided by the union and the employer. The Commission found that the union had demonstrated sufficient representation and that the agreement met the legislative criteria. It concluded that the agreement was fair and democratic, as it had been negotiated in good faith and contained adequate minimum terms. The Commission approved the application, leading to the certification of the Melbourne Metro Tunnel Enterprise Agreement 2020-2023.

No further orders were made beyond the approval and certification of the enterprise agreement. The Commission's decision was based on its finding that the agreement was consistent with the requirements of the Fair Work Act and that the process leading to its formation was fair and democratic.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established