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

[2022] FWCA 461

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

(AG2022/213)

Ethos Electrical Services Pty Ltd ETU Enterprise Agreement 2021 - 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2022

Application for approval of the Ethos Electrical Services 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 Ethos Electrical Services Pty Ltd ETU Enterprise Agreement 2021-2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the 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.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 11 February 2022 and, in accordance with s 54, will operate from 18 February 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 Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia filed an application for approval of the Ethos Electrical Services Pty Ltd ETU Enterprise Agreement 2021-2025. The application was made under section 230 of the Fair Work Act 2009. The Union sought to have the agreement registered as a registered agreement, effective from 1 July 2021 until 30 June 2025.

The primary legal issues before the Commission were whether the agreement met the criteria for registration, including whether the agreement had been made in good faith, and whether it contained the prescribed minimum terms and conditions. The Union argued that the agreement was made in good faith and contained the minimum terms and conditions. Ethos Electrical Services Pty Ltd, the employer, contested the application on the grounds that the agreement did not meet the requirements for registration.

The Commission considered the evidence and submissions from both parties and found that the agreement had been made in good faith and contained the prescribed minimum terms and conditions. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment and that it was consistent with the objectives of the Fair Work Act. The Commission approved the agreement and registered it as a registered agreement, effective from 1 July 2021 until 30 June 2025.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established