| [2022] FWCA 1279 |
| 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
(AG2022/1030)
Pro Mechanical Electrical Pty Ltd ETU Enterprise Agreement 2021 – 2025
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 12 APRIL 2022 |
Application for approval of the Pro Mechanical Electrical 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 Pro Mechanical Electrical 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
<AE515672 PR740296>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 1279
- Case
- [2022] FWCA 1279
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around the compliance of the enterprise agreement with the statutory criteria outlined in the Fair Work Act. The union needed to demonstrate that the agreement was genuinely negotiated and that it provided for fair and reasonable terms and conditions of employment. The union also had to show that the agreement met the genuine enterprise bargaining requirements, including the necessity for an enterprise agreement and the absence of any unfair provisions. Furthermore, the court had to ensure that the agreement did not have any adverse effects on employees' rights or protections.
The Fair Work Commission examined the evidence and arguments presented by the union and the company. The union provided documentation and testimonies that substantiated the genuine negotiation process and the fairness of the agreement's terms. The commission assessed whether the agreement adhered to the legislative criteria and whether it provided for appropriate protections for employees. After thorough consideration, the commission found that the agreement met the necessary requirements and did not contain any unfair provisions. Consequently, the commission approved the Pro Mechanical Electrical Pty Ltd ETU Enterprise Agreement 2021 – 2025, endorsing it as a legally binding document that would govern the employment conditions for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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