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

[2022] FWCA 1317

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

(AG2022/1067)

P.M.T. Security Systems Pty. Ltd. ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 APRIL 2022

Application for approval of the P.M.T. Security Systems 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 P.M.T. Security Systems 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 26 April 2022 and, in accordance with s 54, will operate from 3 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application in the Fair Work Commission for the approval of the P.M.T. Security Systems Pty. Ltd. ETU Enterprise Agreement 2021 – 2025. The union argued that the agreement met the requirements of the Fair Work Act 2009 for being a lawful enterprise agreement. The employer did not contest the application but raised concerns about specific provisions in the agreement.

The legal issues before the Commission were whether the agreement was a "bargained agreement" under section 228 of the Act and whether it contained the necessary minimum terms and conditions of employment as required by section 172 of the Act. The Commission had to determine if the agreement was genuinely bargained for between the parties and if it contained the minimum terms and conditions. The employer's concerns about specific provisions were considered in the context of these requirements.

The Fair Work Commission found that the agreement was genuinely bargained for between the parties and contained the necessary minimum terms and conditions of employment. The Commission noted that the union and employer had engaged in good faith negotiations and that the agreement reflected a balance of interests between the parties. While the employer had raised concerns about specific provisions, the Commission concluded that these did not detract from the overall fairness and legality of the agreement. The Commission approved the agreement under section 177 of the Fair Work Act 2009.

The Fair Work Commission approved the P.M.T. Security Systems Pty. Ltd. ETU Enterprise Agreement 2021 – 2025. The Commission found that the agreement was a lawful enterprise agreement and contained the necessary minimum terms and conditions. The employer's concerns about specific provisions were addressed and did not affect the overall approval of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established