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

[2022] FWCA 915

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

(AG2022/581)

Securitas Electronic Security & ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 MARCH 2022

Application for approval of the Securitas Electronic Security & 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 Securitas Electronic Security & 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 16 March 2022 and, in accordance with s 54, will operate from 23 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, acting on behalf of its members employed by Securitas Electronic Security, applied to the Fair Work Commission for approval of the Securitas Electronic Security & ETU Enterprise Agreement 2021 – 2025. The employer, Securitas Electronic Security, contested the application, arguing that certain provisions of the proposed agreement were not fair and reasonable. The Fair Work Commission was required to determine whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether the terms and conditions of the agreement were fair and reasonable. The employer argued that certain provisions of the agreement, such as the provisions related to pay rates and conditions for casual employees, were not fair and reasonable. The union contended that the provisions were necessary to protect the interests of its members and were consistent with industry standards.

The Commission found that the proposed agreement met the necessary criteria for approval. It held that the provisions related to pay rates and conditions for casual employees were fair and reasonable, and that the agreement as a whole provided for fair and reasonable terms and conditions. The Commission noted that the agreement provided for a significant increase in pay rates over the term of the agreement, as well as improvements to other terms and conditions of employment. It also noted that the agreement was the result of good faith bargaining between the parties and reflected the interests of both the employer and employees.

The Commission approved the Securitas Electronic Security & ETU Enterprise Agreement 2021 – 2025, subject to certain minor modifications to ensure compliance with the Fair Work Act 2009. The modifications related to the formatting of certain provisions and the inclusion of a clause clarifying the parties' obligations under the agreement. The employer and union 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