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

[2021] FWCA 7276

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
(AG2021/8850)

ION ELECTRICAL PTY LTD ATF ION ELECTRICAL UNIT TRUST ETU ENTERPRISE AGREEMENT 2021 - 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 DECEMBER 2021

Application for approval of the ION Electrical Pty Ltd ATF ION Electrical Unit Trust ETU Enterprise Agreement 2021 - 2025

[1] 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 ION Electrical Pty Ltd ATF ION Electrical Unit Trust 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.

[2] 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.

[3] 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.

[4] 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.

[5] The Agreement was approved on 23 December 2021 and, in accordance with s 54, will operate from 30 December 2021. 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, has applied to the Fair Work Commission for the approval of the ION Electrical Pty Ltd ATF ION Electrical Unit Trust Enterprise Agreement 2021 - 2025. The dispute arises from the terms and conditions of employment between the employer and its employees as outlined in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary 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 provisions of the Fair Work Act, particularly in terms of its coverage of employees, the process by which it was negotiated, and whether it contained any terms that were contrary to public policy or otherwise unenforceable. Additionally, the Commission needed to assess whether the agreement appropriately balanced the interests of both the employer and employees, including provisions for minimum wages, conditions, and dispute resolution mechanisms.

In considering the application, the Commission evaluated the negotiation process, the content of the agreement, and its compliance with the Fair Work Act. The Commission found that the agreement was negotiated in good faith and that the terms were fair and reasonable, taking into account the needs of both parties. The Commission also determined that the agreement did not contain any terms that were contrary to public policy and that it appropriately balanced the interests of the employer and employees. Consequently, the Commission approved the agreement, finding it met the necessary legal standards for endorsement under the Fair Work Act.

The Fair Work Commission approved the ION Electrical Pty Ltd ATF ION Electrical Unit Trust Enterprise Agreement 2021 - 2025, confirming its compliance with the statutory requirements and its fairness to both the employer and employees. The approval will now allow the agreement to come into effect, governing the employment terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established