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

[2022] FWCA 1536

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

(AG2022/1321)

Seek Fire Detection Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2022

Application for approval of the Seek Fire Detection 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 Seek Fire Detection Pty Ltd & 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

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 6 May 2022 and, in accordance with s 54, will operate from 13 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Seek Fire Detection Pty Ltd. The Union applied for the approval of the Seek Fire Detection Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The application was brought before the Fair Work Commission, where the Union sought to have the proposed enterprise agreement approved as a registered agreement. The legal issues that the Commission was required to decide included whether the agreement met the requirements of the Fair Work Act 2009, specifically whether the agreement was genuinely negotiated, free from coercion, and met the minimum standards set by the Act.

The Commission found that the agreement was genuinely negotiated, as it was the result of genuine discussions between the parties and did not involve any undue pressure or coercion. The Commission also found that the agreement met the minimum standards set by the Act, including the minimum rates of pay, leave entitlements, and other conditions of employment. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment, and that it was in the best interests of the employees covered by the agreement. The Commission approved the agreement, and it will now be registered as a registered agreement under the Fair Work Act 2009.

The final orders of the Commission were that the Seek Fire Detection Pty Ltd & ETU Enterprise Agreement 2021 – 2025 be approved and registered as a registered agreement under the Fair Work Act 2009. The agreement will now be binding on the parties and their employees, and will provide for the terms and conditions of employment for the duration of the agreement. The Union and Seek Fire Detection Pty Ltd will be required to comply with the terms of the agreement, and any disputes that arise under the agreement will be subject to the dispute resolution provisions set out in the Act.

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