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

[2022] FWCA 1502

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

(AG2022/1280)

Controltech Oceania Pty. Ltd. ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 MAY 2022

Application for approval of the Controltech Oceania 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 Controltech Oceania 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 4 May 2022 and, in accordance with s 54, will operate from 11 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

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for approval of the Controltech Oceania Pty. Ltd. Enterprise Agreement 2021 – 2025. The agreement was the result of negotiations between the Union and Controltech, an employer engaged in the electrical installation and maintenance industry. The Union sought to have the agreement approved as a registered enterprise agreement under the Fair Work Act 2009.

The primary legal issue for the Commission to determine was whether the agreement complied with the formal requirements of the Fair Work Act. The Union argued that the agreement satisfied all necessary conditions, while Controltech contended that certain provisions were not in accordance with the legislation. Specifically, Controltech raised concerns about the procedures for resolving employee grievances and the classification of employees.

The Commission found that the agreement was compliant with the formal requirements of the Fair Work Act. It noted that the procedures for resolving employee grievances were sufficiently clear and accessible, and that the classification of employees was consistent with industry standards. The Commission also considered that the agreement provided for a fair and reasonable balance of rights and obligations between the parties. As a result, the Commission approved the agreement, finding that it met the "better off overall test". The agreement was registered on the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established