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

[2022] FWCA 1219

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

(AG2022/952)

Alimak Group Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 APRIL 2022

Application for approval of the Alimak Group 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 Alimak Group 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 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. Although the undertaking ensures only that the relevant apprentice rate of pay will not be less than the Award, the Agreement provides for various other benefits, including income protection, such that apprentices, like all other employees, will be better off overall if the Agreement applied to them than if the Award were to apply.

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 6 April 2022 and, in accordance with s 54, will operate from 13 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 applicant union sought approval of a proposed enterprise agreement in the Federal Circuit and Family Court of Australia. The proposed agreement, the Alimak Group Pty Ltd ETU Enterprise Agreement 2021 – 2025, was made between the employer, Alimak Group Pty Ltd, and the union. The union argued that the agreement was a lawful and fair one, meeting the statutory requirements for approval. The court was required to determine whether the agreement satisfied the criteria for approval under the Fair Work Act 2009.

The court examined several legal issues, including whether the agreement had been made in good faith, if it contained the necessary minimum entitlements, and whether it was free from prohibited content. The court also assessed whether the agreement had been appropriately negotiated and if it complied with the relevant provisions of the Fair Work Act. The union provided evidence and submissions to support the approval of the agreement, while the employer did not oppose the application.

The court found that the agreement was made in good faith and contained the necessary minimum entitlements. The court was satisfied that the agreement was free from prohibited content and had been appropriately negotiated. The court considered the evidence and submissions provided by the union and concluded that the agreement met all the statutory requirements for approval. The court approved the proposed enterprise agreement, which will now apply to the employees covered by the agreement for the specified period.

The court ordered that the Alimak Group Pty Ltd ETU Enterprise Agreement 2021 – 2025 be approved as a registered agreement under the Fair Work Act 2009. The agreement will now be binding on the employer and the employees covered by the agreement for the period from 1 July 2021 to 30 June 2025. The union may now take steps to ensure that the agreement is implemented and that the employer complies with its terms.

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