| [2021] FWCA 7135 |
| 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
(AG2021/8625)
ANOVA ELECTRICAL PTY LTD ETU ENTERPRISE AGREEMENT 2021 - 2025
Electrical contracting industry | |
DEPUTY PRESIDENT COLMAN | MELBOURNE, 15 DECEMBER 2021 |
Application for approval of the Anova Electrical 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 the Anova Electrical 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. 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.
[4] The Agreement was approved on 15 December 2021 and, in accordance with s 54, will operate from 22 December 2021. The nominal expiry date of the Agreement is 31 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE514300 PR736792>
Annexure A
- AGLC
- Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia [2021] FWCA 7135
- Case
- [2021] FWCA 7135
- Decision Date
CaseChat Overview and Summary
The central legal issues the Commission had to resolve were whether the proposed agreement complied with the provisions of the Fair Work Act, including the good faith bargaining obligations, and whether it provided for fair and reasonable terms and conditions for the employees. Additionally, the Commission assessed whether the agreement contained the necessary minimum terms as stipulated by the Act.
After thorough examination, the Commission determined that the proposed agreement did indeed meet the requirements for approval. The agreement was found to be a bona fide result of good faith bargaining and included provisions that were fair and reasonable for the employees. The agreement contained all the minimum terms mandated by the Act, including provisions on wages, hours of work, and other employment conditions. Therefore, the Commission approved the Anova Electrical Pty Ltd ETU Enterprise Agreement 2021-2025. This approval ensures that the terms of the agreement will apply to the employees as if it were a registered agreement under the Fair Work Act.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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