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

[2022] FWCA 899

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

(AG2022/570)

Profire (Aust) Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MARCH 2022

Application for approval of the Profire (Aust) 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 Profire (Aust) 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 15 March 2022 and, in accordance with s 54, will operate from 22 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 the Profire (Aust) Pty Ltd ETU Enterprise Agreement 2021-2025 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The application was brought before the Fair Work Commission, seeking the court's endorsement of the terms and conditions set forth in the proposed agreement. The union and the employer had negotiated the agreement, aiming to establish a framework for the employment of workers within the specified period. The approval process required scrutiny to ensure the agreement met the legal standards set out in the Fair Work Act 2009.

The primary legal issues addressed in the case revolved around whether the proposed enterprise agreement complied with the provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement adequately covered the mandated bargaining items, ensured fair treatment of employees, and did not unfairly disadvantage any group of employees. The court also had to consider if the agreement provided for proper dispute resolution mechanisms and if it adhered to the procedural requirements for enterprise agreements.

The Fair Work Commission thoroughly examined the contents of the agreement, assessing its provisions against the statutory requirements. The court found that the agreement met the mandatory bargaining items, ensured fair treatment of employees, and provided for adequate dispute resolution mechanisms. The commission was satisfied that the agreement was negotiated in good faith and that the process followed the procedural requirements set out in the Fair Work Act. Consequently, the court approved the Profire (Aust) Pty Ltd ETU Enterprise Agreement 2021-2025, deeming it compliant with the relevant legal standards.

The final order of the court was to approve the Profire (Aust) Pty Ltd ETU Enterprise Agreement 2021-2025, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement would govern the employment of workers for the specified period, subject to the ongoing obligations and rights provided under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established