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

[2022] FWCA 900

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

(AG2022/571)

Thyristors Pty Ltd T/A RANS Electrical Vic ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 MARCH 2022

Application for approval of the Thyristors Pty Ltd T/A RANS Electrical Vic 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 Thyristors Pty Ltd T/A RANS Electrical Vic 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.

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 involved an application for the approval of an enterprise agreement, the Thyristors Pty Ltd T/A RANS Electrical Vic ETU Enterprise Agreement 2021 – 2025, under the Fair Work Act 2009. The union, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, sought the approval of this agreement on behalf of its members employed by Thyristors Pty Ltd, trading as RANS Electrical, in Victoria. The application was brought before the Fair Work Commission, which was required to determine if the agreement met the criteria for approval under the Act.

The primary legal issues that the Commission had to decide were whether the enterprise agreement was appropriately certified and whether it complied with the procedural and substantive requirements set out in the Fair Work Act. Specifically, the Commission had to assess if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it had been properly certified by an independent union official. The union argued that the agreement was fair and reasonable and had been made in good faith, while any opposing arguments were not raised in the proceedings.

The Fair Work Commission found that the union had satisfied the requirements for the certification and approval of the enterprise agreement. The agreement was deemed to be made in good faith and contained all the necessary minimum terms and conditions. The Commission noted that the union had followed the appropriate procedures in seeking certification and that the agreement did not disadvantage employees. Consequently, the application for approval was successful.

The Fair Work Commission approved the Thyristors Pty Ltd T/A RANS Electrical Vic ETU Enterprise Agreement 2021 – 2025, effective from 1 July 2021, for a duration of four years. The Commission's decision was based on the union's demonstration that the agreement met all the statutory requirements for approval and that it was fair and reasonable for the employees covered by it. The approved agreement now governs the employment terms and conditions for the relevant employees until its expiry on 30 June 2025.

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