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

[2022] FWCA 940

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

(AG2022/620)

Fire Detection Specialists Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 MARCH 2022

Application for approval of the Fire Detection Specialists 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 Fire Detection Specialists 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and the Fire Detection Specialists Pty Ltd. The union sought approval of the Fire Detection Specialists Pty Ltd Enterprise Agreement 2021-2025, which was to cover the employment conditions of its members working for the company. The dispute centred on whether the agreement complied with the relevant legislative provisions and provided fair terms for the employees.

The primary legal issue before the court was whether the agreement met the statutory requirements set out in the Fair Work Act 2009. This included assessing whether the agreement contained all the mandated terms and conditions, provided for a minimum rate of pay and conditions, and did not discriminate against any class of employees. The court also had to determine whether the agreement had been genuinely negotiated and whether the union had provided adequate information to its members regarding the agreement.

The court found that the agreement substantially complied with the statutory requirements. It included all mandated terms and conditions, such as minimum rates of pay and leave entitlements, and did not contain any discriminatory provisions. The court was satisfied that the agreement had been genuinely negotiated between the union and the employer, and that the union had provided sufficient information to its members. The court approved the agreement, noting that while there were some minor technical deficiencies, they did not significantly affect the fairness or effectiveness of the agreement.

The court's final orders approved the Fire Detection Specialists Pty Ltd Enterprise Agreement 2021-2025, subject to the correction of any minor technical deficiencies identified in the judgment. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the court's approval. The union and the employer were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established