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

[2022] FWCA 939

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

(AG2022/587)

Rans Electrical Vic T/A RANS Electrical Vic and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 MARCH 2022

Application for approval of the Rans Electrical Vic T/A RANS Electrical Vic and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023

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 Rans Electrical Vic T/A RANS Electrical Vic and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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 and 188 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 17 March 2022 and, in accordance with s 54, will operate from 24 March 2022. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, seeking approval of the Rans Electrical Vic T/A RANS Electrical Vic and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023. This agreement was negotiated between the union and the employer, and its approval is necessary to ensure its enforceability under the Fair Work Act 2009.

The key legal issue for the court to determine was whether the agreement met the criteria for approval under section 234 of the Fair Work Act, which requires the agreement to provide for fair and equitable terms and conditions. This involves assessing whether the agreement provides for fair and reasonable terms and conditions, and whether it has been negotiated in good faith.

The court found that the agreement met the criteria for approval, as it provided for fair and equitable terms and conditions for the employees covered by the agreement. The court noted that the agreement had been negotiated in good faith, and that it provided for a comprehensive set of terms and conditions that were fair and reasonable. The court also found that the agreement provided for appropriate mechanisms for resolving disputes and addressing workplace issues.

The court approved the Rans Electrical Vic T/A RANS Electrical Vic and ETU Melbourne Metro Tunnel Enterprise Agreement 2020-2023, and it will now be binding on the parties from the date of the court's approval. The agreement will provide for the terms and conditions of employment for the employees covered by the agreement for the period 2020 to 2023.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established