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

[2022] FWCA 1281

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

(AG2022/958)

Decon Industries Pty Ltd and ETU Metro Tunnel Enterprise Agreement 2020-2023 (Greenfields)

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2022

Application for approval of the Decon Industries Pty Ltd and ETU Metro Tunnel Enterprise Agreement 2020-2023 (Greenfields)

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 Decon Industries Pty Ltd and ETU Metro Tunnel Enterprise Agreement 2020-2023 (Greenfields) (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 12 April 2022 and, in accordance with s 54, will operate from 19 April 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) made an application for the approval of the Decon Industries Pty Ltd and ETU Metro Tunnel Enterprise Agreement 2020-2023 (Greenfields). The dispute centred on whether the proposed agreement complied with the necessary legal requirements and whether it met the standards expected under the Fair Work Act 2009. The Commission was tasked with reviewing the agreement to ensure it did not disadvantage employees and provided fair terms and conditions.

The key legal issues that the Commission had to decide involved the examination of the proposed agreement's provisions, ensuring it did not contravene any relevant provisions of the Fair Work Act, and confirming that the agreement had been genuinely negotiated between the parties. Additionally, the Commission had to consider whether the agreement provided adequate protections and benefits to the employees and whether the negotiation process was conducted in good faith.

After carefully reviewing the agreement and the evidence presented, the Commission found that the Decon Industries Pty Ltd and ETU Metro Tunnel Enterprise Agreement 2020-2023 (Greenfields) was compliant with the Fair Work Act. The Commission was satisfied that the agreement had been genuinely negotiated and did not disadvantage employees, and that it provided fair terms and conditions. The Commission also found that the negotiation process was conducted in good faith and that the agreement provided adequate protections and benefits to employees.

Consequently, the Fair Work Commission approved the Decon Industries Pty Ltd and ETU Metro Tunnel Enterprise Agreement 2020-2023 (Greenfields) on the basis that it complied with the necessary legal requirements and met the standards expected under the Fair Work Act. The agreement was approved and will now be in effect for the specified period.

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