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

[2022] FWCA 957

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

(AG2022/643)

Commsecurity Pty. Ltd. ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2022

Application for approval of the Commsecurity 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 Commsecurity 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 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of the Commsecurity Pty. Ltd. ETU Enterprise Agreement 2021 – 2025. The application was brought before the Fair Work Commission. The Union argued that the proposed enterprise agreement met the requirements of the Fair Work Act 2009 and should be approved. The dispute centred on whether the agreement contained all the necessary provisions and adhered to the legal standards for enterprise agreements.

The Fair Work Commission examined the proposed agreement to determine if it complied with the legislative requirements, including provisions for minimum wages and conditions, dispute resolution, and employee protections. The court considered whether the agreement was sufficiently comprehensive and if it provided adequate safeguards for employees. The Union argued that the agreement was fair and balanced, while opponents contended that certain provisions did not sufficiently protect employee interests.

After thorough analysis, the Fair Work Commission determined that the Commsecurity Pty. Ltd. ETU Enterprise Agreement 2021 – 2025 met the necessary legal criteria. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment and complied with the requirements of the Fair Work Act 2009. Consequently, the application for approval was granted, and the agreement was registered.

The Fair Work Commission approved the Commsecurity Pty. Ltd. ETU Enterprise Agreement 2021 – 2025, affirming that it was fair and met the statutory requirements. The agreement was thus registered and became legally binding between the employer and the employees covered by the agreement.

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