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

[2022] FWCA 909

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

(AG2022/573)

Maximum Fire Detection Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 MARCH 2022

Application for approval of the Maximum Fire Detection 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 Maximum Fire Detection 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 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 matter before the Fair Work Commission involved an application for approval of the Maximum Fire Detection Pty Ltd Enterprise Training Undertaking (ETU) Enterprise Agreement 2021 – 2025. The applicant, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the Commission's endorsement of the agreement, which was negotiated between the union and the employer. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement met the criteria for approval as set out in the Fair Work Act, specifically concerning its compliance with the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009. Key considerations included whether the agreement provided for the protection of employees' rights, fair working conditions, and adequate dispute resolution mechanisms.

In its decision, the Commission carefully examined the provisions of the agreement, including its provisions on wages, working conditions, and training. The Commission found that the agreement contained necessary clauses for protecting employees' rights and provided for fair working conditions. Furthermore, the agreement's provisions on dispute resolution were deemed adequate, ensuring that any issues could be addressed effectively. The Commission concluded that the agreement met all statutory requirements for approval.

The Fair Work Commission approved the Maximum Fire Detection Pty Ltd ETU Enterprise Agreement 2021 – 2025, finding it compliant with the Fair Work Act and its regulations. The Commission's decision ensured that the agreement would serve as a legally binding framework for the employer and employees, providing a balance of rights and obligations.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established