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

[2022] FWCA 1490

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

(AG2022/1278)

BGB Electrical Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MAY 2022

Application for approval of the BGB Electrical Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023

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 BGB Electrical Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 and 188 as are relevant to this application for approval has been met.

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 3 May 2022 and, in accordance with s 54, will operate from 10 May 2022. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant union sought approval of an enterprise agreement with two employers, BGB Electrical Services Pty Ltd and ETU Powerline. The union submitted the agreement for approval to the Fair Work Commission, which had the authority to assess the agreement under the Fair Work Act 2009. The primary legal issues before the commission were whether the agreement complied with the provisions of the Fair Work Act and whether the agreement had been made in the required manner, including whether proper authorisations had been obtained from the employers and the employees.

The commission first considered the compliance of the agreement with the provisions of the Fair Work Act, finding that it satisfied all the statutory requirements. The agreement covered the employees' terms and conditions of employment, including pay rates, hours of work, and leave provisions, and it contained no prohibited content. The commission also found that the agreement had been made in the required manner, with proper authorisations obtained from both the employers and the employees. The commission noted that the union had provided evidence of the authorisations and that there were no objections to the agreement from any party. The commission was satisfied that the agreement had been made fairly and in good faith.

Consequently, the commission approved the enterprise agreement, determining that it met the necessary legal requirements and was in the best interests of the employees. The agreement was approved under section 234 of the Fair Work Act, which allows the commission to approve an enterprise agreement if it is satisfied that the agreement complies with the Act and was made in the required manner. The commission made an order approving the BGB Electrical Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023.

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