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

[2022] FWCA 1018

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

(AG2022/745)

Mega Industries Pty Ltd ATF K&K Hull Family Trust T/A Mega Electrics Australia & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 MARCH 2022

Application for approval of the Mega Industries Pty Ltd ATF K&K Hull Family Trust T/A Mega Electrics Australia & 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 Mega Industries Pty Ltd ATF K&K Hull Family Trust T/A Mega Electrics Australia & 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 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 23 March 2022 and, in accordance with s 54, will operate from 30 March 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 involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) for approval of the Mega Industries Pty Ltd ATF K&K Hull Family Trust trading as Mega Electrics Australia and the Electrical Trades Union Enterprise Agreement 2021-2025. The application was heard by the Fair Work Commission (the Commission) under the Fair Work Act 2009. The Applicant sought approval of the enterprise agreement, which was entered into between Mega Electrics Australia and the ETU, to ensure it complied with the relevant provisions of the Act.

The primary legal issue before the Commission was whether the enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained the minimum terms and conditions mandated by the Act, and if it was made in good faith and without coercion. Additionally, the Commission considered whether the agreement was procedurally fair and if it provided adequate protections for employees.

In reaching its decision, the Commission examined the terms of the enterprise agreement and the evidence provided by the parties. The Commission found that the agreement contained the necessary minimum terms and conditions as required by the Act. Furthermore, the Commission was satisfied that the agreement was made in good faith, without coercion, and provided adequate protections for employees. The Commission also determined that the process by which the agreement was made was procedurally fair. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Mega Industries Pty Ltd ATF K&K Hull Family Trust T/A Mega Electrics Australia & ETU Enterprise Agreement 2021-2025, finding it met the requirements of the Fair Work Act 2009. The Commission determined that the agreement contained the necessary minimum terms and conditions, was made in good faith and without coercion, and provided adequate protections for employees. The process by which the agreement was made was also found to be procedurally fair. The approval of the enterprise agreement is effective as of the date of the Commission's decision.

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