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

[2022] FWCA 1357

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

(AG2022/980)

Prasinus Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 22 APRIL 2022

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

An application has been made for approval of an enterprise agreement known as the Prasinus Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

I observe that clause 23.16.7 of the Agreement is likely to be inconsistent with the National Employment Standards (NES). However, noting clause 9.1(b) of the Agreement, I am satisfied the more beneficial entitlements of the NES will prevail where there is an inconsistency between the Agreement and the NES.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

The Agreement is approved and in accordance with s.54, will operate from 29 April 2022. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Prasinus Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia lodged the application seeking the approval of the agreement. The agreement was entered into between Prasinus Energy Services Pty Ltd and ETU Powerline, and it covered the employees of Prasinus Energy Services Pty Ltd. The nature of the dispute was the assessment and approval of the terms and conditions of the enterprise agreement under the Fair Work Act 2009.

The legal issues the court was required to decide included whether the agreement met the procedural and substantive requirements of the Fair Work Act 2009. The court had to determine if the agreement was made in good faith, whether it complied with the procedural fairness standards, and if it provided for fair and reasonable terms and conditions of employment. Additionally, the court had to consider the impact of the agreement on the employees and the employer, and whether it would have a detrimental effect on the employees or the employer.

The court's reasoning and outcome focused on the procedural and substantive fairness of the agreement. The court found that the agreement was made in good faith and that the necessary procedural fairness standards were met. The court also found that the agreement provided for fair and reasonable terms and conditions of employment, and that it would not have a detrimental effect on the employees or the employer. The court approved the agreement, finding that it met all the requirements of the Fair Work Act 2009.

The final orders of the court were that the Prasinus Energy Services Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the approval. The court also ordered that the agreement would be published on the Fair Work Commission's website.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established