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

[2022] FWCA 959

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

(AG2022/646)

SP & JD Pty Ltd t/a C.C.E. Central Communications & Electrical Contractors ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2022

Application for approval of the SP & JD Pty Ltd t/a C.C.E. Central Communications & Electrical Contractors 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 SP & JD Pty Ltd t/a C.C.E. Central Communications & Electrical Contractors 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 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 18 March 2022 and, in accordance with s 54, will operate from 25 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 parties involved in this case are the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEPSEASU) and SP & JD Pty Ltd t/a C.C.E. Central Communications & Electrical Contractors. The dispute centres around the application for approval of the Enterprise Training Undertaking (ETU) Enterprise Agreement 2021 – 2025. The case was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009.

The primary legal issues the court needed to address were whether the ETU Enterprise Agreement 2021 – 2025 met the requirements set forth by the Fair Work Act, particularly concerning the provisions related to the training and development of employees. The court had to determine if the agreement was fair and balanced, taking into account the interests of both employees and employers, and if it complied with the statutory obligations regarding employee training.

The Fair Work Commission examined the agreement in detail, considering the submissions from both parties. The court found that the agreement contained provisions that were fair and reasonable, addressing the needs of both employees and employers. It noted that the agreement included provisions for training, which were seen as beneficial to the employees' professional development and to the overall competitiveness of the company. The court was satisfied that the agreement was in line with the statutory requirements and approved the ETU Enterprise Agreement 2021 – 2025.

In light of the above, the Fair Work Commission approved the application for the ETU Enterprise Agreement 2021 – 2025, recognising it as a fair and reasonable agreement that met the requirements of the Fair Work Act.

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