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

[2022] FWCA 1277

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

(AG2022/1028)

The Trustee for MGA Electronic Security Unit Trust T/A MGA Electronic Security ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 APRIL 2022

Application for approval of the Trustee for MGA Electronic Security Unit Trust T/A MGA Electronic Security 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 Trustee for MGA Electronic Security Unit Trust T/A MGA Electronic Security 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 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 matter before the Fair Work Commission involved an application by the Trustee for the MGA Electronic Security Unit Trust T/A MGA Electronic Security to have the ETU Enterprise Agreement 2021 – 2025 approved. The applicant sought approval of the agreement as a safety net, single interest, enterprise agreement for the employees of MGA Electronic Security. The dispute was heard and determined by the Fair Work Commission.

The primary legal issues before the Commission were whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved as a safety net, single interest, enterprise agreement. This included consideration of whether the agreement complied with the formal requirements for enterprise agreements, whether it provided for the safety net terms and conditions, and whether it was genuinely negotiated between the employer and the union. The Commission also needed to determine if the agreement was in the best interests of the employees and if it complied with the general protections provisions of the Act.

The Commission found that the agreement met all the necessary requirements for approval. It was concluded that the agreement was formally valid, provided for the safety net terms and conditions, and was genuinely negotiated between the parties. The Commission was satisfied that the agreement was in the best interests of the employees and complied with the general protections provisions of the Fair Work Act 2009. Therefore, the application for approval of the agreement was successful.

The Fair Work Commission approved the ETU Enterprise Agreement 2021 – 2025 as a safety net, single interest, enterprise agreement. The agreement is now in effect for the employees of MGA Electronic Security and will govern their terms and conditions of employment for the duration of the agreement. The Trustee for the MGA Electronic Security Unit Trust T/A MGA Electronic Security and the union are bound by the terms of the approved agreement, and it will apply to all employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established