| [2022] FWCA 937 |
| 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
(AG2022/585)
Concept Engineering and ETU Melbourne Metro Tunnel Enterprise Agreement (Apprentices) 2020-2023
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 17 MARCH 2022 |
Application for approval of the Concept Engineering and ETU Melbourne Metro Tunnel Enterprise Agreement (Apprentices) 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 Concept Engineering and ETU Melbourne Metro Tunnel Enterprise Agreement (Apprentices) 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.
I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.
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
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- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2022] FWCA 937
- Case
- [2022] FWCA 937
- Decision Date
CaseChat Overview and Summary
The primary legal issue the court had to address was whether the proposed enterprise agreement was a "genuine" agreement within the meaning of the Fair Work Act. This involved examining whether the agreement had been made freely and fairly between the parties, without any coercion or undue influence. The court also had to determine if the agreement contained all the mandatory terms required by the Act, including minimum wages and conditions, and if it provided for a fair and efficient method of dispute resolution.
In its reasoning, the court found that the agreement had been made freely and fairly by the parties, with no evidence of coercion or undue influence. It was noted that both parties had engaged in extensive negotiations and that the union had provided appropriate advice to its members regarding the terms of the agreement. The court also confirmed that the agreement contained all the mandatory terms required by the Act, including minimum wages and conditions. Furthermore, the court found that the agreement provided for a fair and efficient method of dispute resolution, as required by the Act. Given these findings, the court approved the proposed enterprise agreement.
The final orders of the court were that the Concept Engineering and ETU Melbourne Metro Tunnel Enterprise Agreement (Apprentices) 2020-2023 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to come into effect from the date of the decision and would govern the terms and conditions of employment for apprentices in the Melbourne Metro Tunnel project for the specified period.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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