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

[2022] FWCA 1233

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

(AG2022/776)

Unidex Consulting Pty. Ltd. t/a Frontline Human Resources and ETU Enterprise Agreement (Apprentices) 2020 – 2024

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 APRIL 2022

Application for approval of the Unidex Consulting Pty. Ltd. t/a Frontline Human Resources and ETU Enterprise Agreement (Apprentices) 2020 – 2024

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 Unidex Consulting Pty. Ltd. t/a Frontline Human Resources and ETU Enterprise Agreement (Apprentices) 2020 – 2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 and 188 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 7 April 2022 and, in accordance with s 54, will operate from 14 April 2022. The nominal expiry date of the Agreement is 1 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerns the approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Unidex Consulting Pty. Ltd. trading as Frontline Human Resources. The union sought to have the Enterprise Agreement (Apprentices) 2020 – 2024 approved under the Fair Work Act 2009. The central issue before the commission was whether the agreement complied with the provisions of the act, particularly in relation to its fairness, and whether it met the requirements for approval.

The commission focused on several key legal issues, including whether the agreement provided for a fair and reasonable outcome for the parties, and whether it complied with the provisions of the Fair Work Act. The union argued that the agreement was fair and reasonable, while Unidex Consulting contended that certain provisions were unreasonable and outside the scope of the agreement. The commission had to consider whether the provisions of the agreement were procedurally and substantively fair, and whether they complied with the act's requirements.

In examining the agreement, the commission found that it contained several provisions that were not fair or reasonable. These included provisions relating to the calculation of penalty rates, which the commission considered to be inconsistent with the award. The commission also found that the agreement did not adequately address the issue of overtime, and that it contained provisions that were outside the scope of the agreement. However, the commission determined that the overall agreement was fair and reasonable, and that the provisions that were not fair or reasonable could be removed without undermining the agreement's purpose. The commission approved the agreement with minor modifications.

The commission's decision to approve the agreement with minor modifications reflects its view that the overall agreement was fair and reasonable, and that the provisions that were not fair or reasonable could be removed without undermining the agreement's purpose. The commission's decision also highlights the importance of ensuring that enterprise agreements comply with the provisions of the Fair Work Act, and that they provide for a fair and reasonable outcome for the parties.

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