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

[2022] FWCA 1533

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

(AG2022/1312)

Menco Electrical Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2022

Application for approval of the Menco Electrical 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 Menco Electrical 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. 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.

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 before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") for the approval of the Menco Electrical Pty Ltd Enterprise Agreement 2021-2025 (the "Agreement"). The dispute centred on whether the Agreement complied with the requirements of the Fair Work Act 2009, including the Fair Work (Registered Organisations) Act 2009.

The primary legal issue the Commission had to address was whether the Agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to determine if the Agreement contained the minimum terms and conditions as required by the Act, and if it had been genuinely negotiated between the parties. Additionally, the Commission had to consider whether the Agreement allowed for the proper operation of the enterprise and if it complied with any relevant minimum wages.

The Fair Work Commission found that the Agreement satisfied the statutory requirements for approval. The Commission noted that the Agreement included all the mandated minimum terms and conditions, and it was evident that the parties had genuinely negotiated the terms. The Agreement was also deemed to facilitate the proper operation of the enterprise and was in compliance with the relevant minimum wage rates. Consequently, the Commission approved the Agreement, ensuring it would be registered and enforceable under the Fair Work Act.

The Commission's final orders were that the Menco Electrical Pty Ltd Enterprise Agreement 2021-2025 be approved and registered under the Fair Work Act. The Agreement would now be binding on the parties and would regulate the employment terms and conditions for the duration of its validity.

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