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

[2022] FWCA 30

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

(AG2021/9096)

VECTA GROUP PTY LTD AND ETU GREENFIELD ENTERPRISE AGREEMENT 2021 - 2025

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 JANUARY 2022

Application for approval of the Vecta Group Pty Ltd and ETU Greenfield Enterprise Agreement 2021 - 2025

An application has been made for approval of a greenfields agreement known as the Vecta Group Pty Ltd and ETU Greenfield Enterprise Agreement 2021 - 2025 (the Agreement). The application was made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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. I am also satisfied that it is in the public interest to approve the Agreement.

The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 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 Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the applicant) lodged an application for the approval of the Vecta Group Pty Ltd and ETU Greenfield Enterprise Agreement 2021 - 2025. The application was heard by Commissioner Grigg, who was required to determine whether the terms of the enterprise agreement met the requirements of the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement provided for the proper protection of employees' rights and entitlements, including minimum rates of pay, maximum ordinary hours of work, leave provisions, and other conditions of employment. The Commission also needed to consider whether the agreement contained any terms that were unfair within the meaning of section 234 of the Act. Furthermore, the Commission had to ensure that the agreement was genuinely negotiated between the parties and did not contain any provisions that were contrary to public policy.

Commissioner Grigg found that the enterprise agreement provided for the proper protection of employees' rights and entitlements. The agreement contained provisions for minimum rates of pay, maximum ordinary hours of work, and leave entitlements, which were consistent with the relevant awards and the Fair Work Act. The Commission also determined that the agreement did not contain any unfair terms and did not contravene any provisions of the Act. Furthermore, the Commission was satisfied that the agreement was genuinely negotiated between the parties and did not contain any provisions that were contrary to public policy. As a result, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Vecta Group Pty Ltd and ETU Greenfield Enterprise Agreement 2021 - 2025 be approved as a registered agreement under section 171 of the Fair Work Act. The agreement was to be registered on the Register of Approved Agreements, and it would be in effect from 1 July 2021 until 30 June 2025, unless terminated earlier in accordance with its provisions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established