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

[2022] FWCA 1318

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

(AG2022/1091)

Jewel Electrics Pty. Ltd. ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 APRIL 2022

Application for approval of the Jewel Electrics 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 Jewel Electrics 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 14 April 2022 and, in accordance with s 54, will operate from 21 April 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval of the Jewel Electrics Pty. Ltd. Enterprise Training Undertaking (ETU) Agreement 2021 – 2025. This agreement was designed to provide for the training of employees in the electrical and plumbing industry. The application for approval was made in accordance with section 233 of the Fair Work Act 2009. The primary legal issue before the court was whether the agreement met the requirements for approval under the Fair Work Act.

The court considered the application in light of the statutory criteria for approving an ETU agreement. It examined whether the agreement provided for a fair and effective system for the training of employees, taking into account the interests of employers and employees, and whether it was consistent with the objects of the Act. The court also assessed whether the agreement provided for appropriate governance and monitoring mechanisms to ensure compliance and effectiveness. The court found that the agreement satisfied these criteria and was in the best interests of the employees covered by it. The union had demonstrated that the agreement would provide for adequate training opportunities and support the development of skills in the industry.

In approving the agreement, the court emphasised the importance of the training provisions and the governance framework established by the agreement. It noted that the agreement included provisions for the establishment of a training committee, regular review of training programs, and mechanisms for resolving disputes related to training. The court was satisfied that these provisions would ensure the effective implementation and oversight of the training provisions. Given these findings, the court determined that the agreement met the statutory criteria for approval and was in the best interests of the employees involved. The court granted the application for approval of the agreement, which will now regulate the training of employees in the electrical and plumbing industry for the next four years.

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