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

[2022] FWCA 941

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

(AG2022/622)

Trustee for Lilly Family Trust T/A All Points Solutions ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2022

Application for approval of the Trustee for Lilly Family Trust T/A All Points Solutions 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 Trustee for Lilly Family Trust T/A All Points Solutions 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 matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Trustee for the Lilly Family Trust T/A All Points Solutions. The Union sought approval of an enterprise agreement between the Union and the Trust. The application was heard by the Fair Work Commission. The central issue before the Commission was whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009. This included assessing if the agreement was made in good faith, if it contained the prescribed minimum terms and conditions, and if the agreement was fair and reasonable.

The Commission considered the process by which the agreement was negotiated and the evidence provided by both parties. The Union argued that the agreement was the result of genuine negotiations and was fair and reasonable. The Trust, on the other hand, raised concerns about specific clauses within the agreement. The Commission found that the agreement had been made in good faith and contained all the prescribed minimum terms and conditions. Furthermore, it was deemed to be fair and reasonable taking into account the bargaining positions of both parties, the economic climate, and other relevant factors. The Commission approved the enterprise agreement, finding that it met the necessary statutory requirements.

In light of the findings, the Fair Work Commission approved the application for the enterprise agreement between the Union and the Trust. The approval means that the terms and conditions set out in the agreement will apply to the employees covered by the agreement, effective from the date of the Commission's decision. This decision ensures that the agreement is legally binding and enforceable, providing certainty and stability for both the Union and the Trust in their future industrial relations dealings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established