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

[2022] FWCA 893

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

(AG2022/598)

Jaycon Fire Protection Pty Ltd ETU Enterprise Agreement 2021 – 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 MARCH 2022

Application for approval of the Jaycon Fire Protection 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 Jaycon Fire Protection 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

In the matter of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an application was made to the Fair Work Commission seeking approval of the Jaycon Fire Protection Pty Ltd Enterprise Trade Union Agreement 2021 – 2025. The Union sought to have the agreement approved as a registered Enterprise Agreement under the Fair Work Act 2009. The dispute centred on whether the agreement contained terms that complied with the provisions of the Act, particularly those related to minimum entitlements and procedural fairness.

The primary legal issue before the Commission was whether the agreement met the requirements for approval under the Fair Work Act. This involved an assessment of whether the agreement contained the mandated minimum terms and conditions, and whether the agreement was made in accordance with the procedural fairness requirements of the Act. The Commission also needed to determine whether the agreement provided for the proper operation of the enterprise and if it was made without the coercion, harassment or undue influence of any party.

The Commission found that the agreement contained all the mandated minimum terms and conditions and was made in accordance with the procedural fairness requirements of the Act. The Commission was satisfied that the agreement provided for the proper operation of the enterprise and was made without any undue influence, coercion or harassment. The Commission approved the agreement, noting that it was in the best interests of the employees and the employer, and would promote harmonious, productive and cooperative workplace relations. The agreement was registered as a certified agreement 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