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

[2022] FWCA 956

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

(AG2022/631)

Lantrak Electrical Pty Ltd and ETU Enterprise Agreement 2021-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2022

Application for approval of the Lantrak Electrical Pty Ltd and 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 Lantrak Electrical Pty Ltd and 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.

I note that clause 1 of the Agreement provides that it shall be known as the ‘Lantrak Electrical Pty Ltd and ETU Greenfields Agreement 2018-2021’ and that the CEPU has advised my chambers that this is an error in clause 1 of the 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 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 25 March 2022 and, in accordance with s 54, will operate from 1 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 Lantrak Electrical Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia brought an application to the Fair Work Commission for approval of an enterprise agreement. The Lantrak Electrical Pty Ltd is a small business in the electrical contracting industry, while the union represents the company’s employees. The enterprise agreement in question pertains to the period 2021 to 2025. The central issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly with respect to the requirements for "enterprise agreements" and "modern awards".

The court examined the proposed agreement to ensure it met the statutory requirements for approval. It considered whether the agreement was "in writing", "in good faith", and "free of prohibited content". The court also assessed whether the agreement provided for appropriate mechanisms for resolving workplace disputes and whether it included appropriate protections for employees. Additionally, the court reviewed the agreement against the relevant modern awards to ensure it did not undermine the safety nets provided by those awards.

The court found that the proposed agreement was appropriately drafted and did not contain any prohibited content. It was determined that the agreement was made in good faith and was free of any unfair provisions that could undermine the safety nets established by the modern awards. The court also found that the agreement included appropriate mechanisms for resolving workplace disputes and provided adequate protections for employees. Accordingly, the court approved the agreement and issued the necessary orders for its registration.

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