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

[2022] FWCA 846

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

(AG2022/588)

Earth Electrical Contractors Pty Ltd and ETU Enterprise Agreement 2021-2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 MARCH 2022

Application for approval of the Earth Electrical Contractors Pty Ltd and 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 Earth Electrical Contractors Pty Ltd and 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 10 March 2022 and, in accordance with s 54, will operate from 17 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 applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for the approval of the Earth Electrical Contractors Pty Ltd and ETU Enterprise Agreement 2021-2025. The dispute arose from disagreements between the parties regarding the terms of the proposed enterprise agreement, specifically those related to pay rates, hours of work, and conditions of employment. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement complied with the statutory provisions of the Fair Work Act. This included assessing whether the agreement provided for terms and conditions that were no less favourable than the applicable award or safety net award, and whether it contained a good faith bargaining declaration. Additionally, the Commission needed to determine if the agreement met the minimum requirements for employee representation and if the process leading to the agreement's creation was conducted in good faith.

The Fair Work Commission found that the proposed enterprise agreement met all the statutory requirements for approval. The agreement was deemed to provide for terms and conditions that were at least as favourable as the applicable award, and it included a valid good faith bargaining declaration. The Commission also determined that the agreement was supported by a majority of the employees, as required by law. After careful consideration of all relevant factors, the Commission approved the enterprise agreement, confirming that it was fair and reasonable in all its aspects.

Consequently, the Fair Work Commission granted the application for approval of the Earth Electrical Contractors Pty Ltd and ETU Enterprise Agreement 2021-2025. The approved agreement will now govern the terms and conditions of employment for the employees covered by the agreement, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established