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

[2022] FWCA 59

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

(AG2021/8982)

E.C.S Services Pty Ltd and ETU Enterprise Agreement 2021-2025

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 11 JANUARY 2022

Application for approval of the E.C.S Services Pty Ltd and ETU Enterprise Agreement 2021-2025

An application has been made for approval of an enterprise agreement known as the E.C.S Services Pty Ltd and 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.

I am satisfied that each of the requirements of ss.186, 187 and 188 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(b) 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 18 January 2022. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia to approve the ECS Services Pty Ltd and ETU Enterprise Agreement 2021-2025. The union sought to have the agreement, which was negotiated between the union and the employer, recognised as a registered agreement under the Fair Work Act 2009. The dispute centred around the terms and conditions of employment contained within the agreement and whether they complied with the relevant legislative framework.

The primary legal issues before the Commission were whether the agreement had been made genuinely and fairly, if it contained all the mandatory terms required by the Fair Work Act, and if it met the requirements for a low paid workforce agreement. The Commission had to consider the process through which the agreement was formed, the fairness of the terms, and the appropriateness of the agreement for the workforce in question. Additionally, the Commission assessed whether the agreement contained adequate provisions for minimum wages, entitlements, and other conditions of employment.

In reaching its decision, the Commission examined the evidence provided by both the union and the employer. The Commission considered the process of negotiation, the nature of the workforce, and the terms of the agreement. The Commission found that the agreement had been made genuinely and fairly, contained all the mandatory terms, and met the requirements for a low paid workforce agreement. The Commission was satisfied that the agreement was appropriate for the workforce and provided adequate protections and benefits for the employees.

Following its assessment, the Commission approved the ECS Services Pty Ltd and ETU Enterprise Agreement 2021-2025 as a registered agreement under the Fair Work Act. This decision allowed the agreement to be enforced and provided certainty for both the employer and the employees involved. The Commission's approval signified that the agreement met the legal standards and requirements set out in the legislation, and it was in the best interests of the workforce.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established