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

[2022] FWCA 1280

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

(AG2022/1029)

Phoenix Fire Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2022

Application for approval of the Phoenix Fire 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 the Phoenix Fire 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 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 12 April 2022 and, in accordance with s 54, will operate from 19 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting as the applicant, seeking approval for the Phoenix Fire Pty Ltd Enterprise Training Union Enterprise Agreement 2021–2025. The Fair Work Commission, the body responsible for approving such agreements, was the respondent. The dispute arose from the union's application for the approval of a particular enterprise agreement, which it sought to implement for the employees of Phoenix Fire Pty Ltd.

The primary legal issue the court had to address was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court had to examine if the agreement contained all the required terms and conditions as stipulated by the legislation and if it adhered to the procedural requirements for approval. The court also needed to ensure that the agreement did not contravene any minimum workplace standards and was fair and reasonable in its terms.

In delivering its decision, the Fair Work Commission thoroughly examined the provisions of the agreement, considering both the substantive and procedural aspects of the application. The Commission found that the agreement met all the necessary requirements and did not contain any terms that were contrary to the Fair Work Act. It also determined that the agreement was fair and reasonable for the employees of Phoenix Fire Pty Ltd. Consequently, the Commission approved the application and granted the necessary approval for the enterprise agreement to be implemented.

The final orders of the Fair Work Commission were that the Phoenix Fire Pty Ltd Enterprise Training Union Enterprise Agreement 2021–2025 be approved and registered under the Fair Work Act 2009. The agreement was to be implemented as of the date of the Commission's decision, and it would be in effect until the expiration of its term in 2025, subject to any further orders or variations that might be made in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established