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

[2022] FWCA 1531

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

(AG2022/1279)

ODM Infrastructure Pty Ltd & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2022

Application for approval of the ODM Infrastructure 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 ODM Infrastructure 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 case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) for the approval of the ODM Infrastructure Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The matter was heard in the Fair Work Commission. The primary dispute centres on whether the terms of the enterprise agreement are fair and meet the criteria for approval under the Fair Work Act 2009.

The court was required to determine whether the agreement complied with the legislative requirements, including whether it provided for minimum wages and conditions, allowed for a fair process of negotiation, and did not contain any terms that were contrary to public policy. The Union argued that the agreement was fair and met all necessary criteria, while no objections were formally raised by other parties. The court examined the specifics of the agreement, including wage rates, working conditions, and any provisions regarding employee protections and benefits.

After a thorough review of the enterprise agreement, the Fair Work Commission found that the agreement was fair and met all the statutory requirements for approval. The court concluded that the agreement provided for fair wages and conditions, did not disadvantage employees, and was the product of genuine bargaining. The Union's arguments were persuasive, and no objections were substantiated. Consequently, the court approved the enterprise agreement.

The Fair Work Commission ordered the approval of the ODM Infrastructure Pty Ltd & ETU Enterprise Agreement 2021 – 2025. The agreement was to be registered and would govern the employment terms between the employer and the employees covered by the agreement from the effective date of the approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established