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

[2022] FWCA 106

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

(AG2021/8915)

E.P.M. & C. PTY. LTD. ETU ENTERPRISE AGREEMENT 2021 - 2025

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JANUARY 2022

Application for approval of the E.P.M. & C. Pty. Ltd. ETU Enterprise Agreement 2021 - 2025

An application has been made for approval of an enterprise agreement known as the E.P.M. & C. Pty. Ltd. ETU Enterprise Agreement 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the agreement.

Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

I note that several clauses of the Agreement may be inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 4.1 of the Agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 January 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 Federal Circuit and Family Court of Australia, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia has applied for approval of the E.P.M. & C. Pty. Ltd. ETU Enterprise Agreement 2021 - 2025. The union seeks the court's approval of the agreement reached between the union and the employer, which outlines the terms and conditions of employment for the workers covered by the agreement.

The primary legal issue the court was required to decide was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. The court had to consider whether the agreement provided for the fair and reasonable terms of employment, including minimum rates of pay and conditions such as leave entitlements, maximum weekly hours of work, and other matters. The court also had to ensure that the agreement complied with any relevant modern awards or other industrial instruments and did not contravene any provisions of the Fair Work Act.

In reaching its decision, the court considered the evidence presented by both the union and the employer, as well as the relevant provisions of the Fair Work Act and any applicable modern awards. The court found that the enterprise agreement provided for fair and reasonable terms of employment and complied with all relevant legal requirements. The court was satisfied that the agreement met the criteria for approval and granted the union's application for approval of the enterprise agreement. The court's decision ensures that the workers covered by the agreement will have certainty and protection in their employment terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established