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

[2022] FWCA 942

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

(AG2022/616)

Murveyn Electrical Services Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2022

Application for approval of the Murveyn Electrical Services 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 Murveyn Electrical Services 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Murveyn Electrical Services Pty Ltd (the "Employer"). The Union sought approval of an enterprise agreement for its members working for the Employer. The application was heard in the Fair Work Commission, the body responsible for regulating enterprise agreements under the Fair Work Act 2009 (Cth). The Union argued that the agreement was fair and reasonable, while the Employer contested the application, raising concerns about specific clauses within the agreement.

The primary legal issue before the Commission was whether the enterprise agreement met the criteria set out in section 230 of the Fair Work Act. This section requires that an enterprise agreement be "free of prohibited content", "fair and reasonable", and "compliant with any applicable award or registered agreement". The Commission had to determine if the agreement adhered to these requirements, particularly in light of the Employer's objections. Additionally, the Commission needed to consider the process by which the agreement was made and whether it complied with procedural fairness standards.

The Fair Work Commission found that the enterprise agreement was largely compliant with the statutory requirements. The Commission determined that the agreement did not contain any prohibited content and was generally fair and reasonable. While the Employer raised several objections, the Commission found that these did not significantly detract from the overall fairness of the agreement. Furthermore, the Commission was satisfied that the process by which the agreement was made was procedurally fair. The Union had adequately consulted with the employees and the process was transparent, leading the Commission to approve the agreement.

As a result of the findings, the Fair Work Commission approved the Murveyn Electrical Services Pty Ltd ETU Enterprise Agreement 2021-2025. The decision confirmed the agreement as binding on all parties and set out the terms and conditions of employment for the relevant period. The Commission's approval ensured that the agreement would be enforced and that the Union and the Employer would abide by its terms.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established