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

[2021] FWCA 7156

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
(AG2021/8675)

MAXIM ELECTRICAL SERVICES PTY LTD ETU ENTERPRISE AGREEMENT 2021 - 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 DECEMBER 2021

Application for approval of the Maxim Electrical Services Pty Ltd 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 Maxim Electrical Services Pty Ltd 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 16 December 2021 and, in accordance with s 54, will operate from 23 December 2021. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Maxim Electrical Services Pty Ltd. The union sought to have the Maxim Electrical Services Pty Ltd Enterprise Agreement 2021-2025 approved by the Fair Work Commission, which would allow it to be registered with the Fair Work Commission as a registered agreement under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which has jurisdiction to approve and register enterprise agreements under section 186 of the Act.

The legal issues before the court were whether the enterprise agreement was a "good faith" agreement, as defined in section 172 of the Fair Work Act 2009, and whether it met the requirements of section 186 of the Act. The court had to consider whether the agreement was made in good faith, whether it provided for the "prescribed minimum" terms and conditions, and whether it met the requirements of the "better off overall test" under section 186(3) of the Act.

The court found that the enterprise agreement was made in good faith and met the requirements of the Act. The court noted that the agreement provided for the prescribed minimum terms and conditions, and that the parties had negotiated in good faith to reach the agreement. The court also found that the agreement met the "better off overall test" under section 186(3) of the Act, as the employees would be better off overall if the agreement was approved and registered. The court approved the application and registered the enterprise agreement as a registered agreement under the Fair Work Act 2009.

The court's decision was based on a thorough analysis of the evidence presented by both parties, as well as a consideration of the relevant provisions of the Fair Work Act 2009. The court found that the enterprise agreement was a fair and reasonable agreement that met the requirements of the Act, and that it would benefit both the employees and the employer. The court approved the application and registered the agreement as a registered agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established