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

[2022] FWCA 1560

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

(AG2022/1346)

PPB Group Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2022

Application for approval of the PPB Group Pty Ltd 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 PPB Group Pty Ltd ETU Enterprise Agreement 2021 – 2025 (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.

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. Although the undertaking ensures only that the relevant apprentice rate of pay will not be less than the Award, the Agreement provides for various other benefits, including income protection, such that apprentices, like all other employees, will be better off overall if the Agreement applied to them than if the Award were to apply.

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 11 May 2022 and, in accordance with s 54, will operate from 18 May 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the PPB Group Pty Ltd ETU Enterprise Agreement 2021 – 2025. The application was made to the Fair Work Commission, which was required to consider whether the agreement met the criteria set out in the Fair Work Act 2009. The PPB Group Pty Ltd was the employer, and the union represented the employees. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other benefits.

The primary legal issue before the Commission was whether the agreement was a "better off overall test" (BOOT) agreement. This test requires that, on balance, the agreement must be no worse than the applicable awards or agreements, and that the employees are not worse off overall by being party to the agreement. The Commission had to assess whether the agreement met these requirements and whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that the agreement was a BOOT agreement. It noted that the agreement provided for wages and conditions that were at least as good as, and in some cases better than, the relevant awards. The Commission also found that the agreement was fair and reasonable, taking into account the specific circumstances of the employer and employees. The agreement included provisions for flexible working arrangements, which were considered beneficial to the employees. The Commission approved the agreement, stating that it met the legal requirements and provided for fair and reasonable terms and conditions of employment.

The Fair Work Commission approved the PPB Group Pty Ltd ETU Enterprise Agreement 2021 – 2025, finding that it met the "better off overall test" and provided for fair and reasonable terms and conditions of employment. The agreement was approved and will now apply to the employees of the PPB Group Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established