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

[2022] FWCA 970

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

(AG2022/675)

Expert Security Vic Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MARCH 2022

Application for approval of the Expert Security Vic 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 Expert Security Vic 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, 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. 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 21 March 2022 and, in accordance with s 54, will operate from 28 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 applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied for approval of the Expert Security Vic Pty Ltd ETU Enterprise Agreement 2021 – 2025. The application was brought before the Fair Work Commission, a federal tribunal in Australia, tasked with the resolution of workplace disputes. The union sought to have the enterprise agreement approved under the Fair Work Act 2009, which sets out the framework for fair and effective workplace relations.

The central legal issue before the court was whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act. Specifically, the court needed to determine if the agreement provided for the pay and conditions of the employees fairly, whether it allowed for flexibility in the workforce, and if it included any provisions that were contrary to the Act. The court also had to consider whether the agreement was made in good faith and whether it was appropriately negotiated.

The Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The court considered the arguments put forward by the union and the responses from the employer. It was determined that the agreement provided for fair remuneration and conditions for employees, allowed for flexibility where necessary, and did not include any provisions that were contrary to the Fair Work Act. The court also concluded that the agreement was made in good faith and was the result of appropriate negotiations between the parties. Based on these findings, the Fair Work Commission approved the Expert Security Vic Pty Ltd ETU Enterprise Agreement 2021 – 2025.

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