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

[2021] FWCA 7086

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
(AG2021/8617)

M SQUARED ELECTRICAL PTY LTD ETU ENTERPRISE AGREEMENT 2021 - 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 DECEMBER 2021

Application for approval of the M Squared 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 M Squared 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.

[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 13 December 2021 and, in accordance with s 54, will operate from 20 December 2021. The nominal expiry date of the Agreement is 31 March 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

<AE514255 PR736716>
Annexure A

CaseChat Overview and Summary

The applicant union sought approval of the M Squared Electrical Pty Ltd Enterprise Agreement 2021-2025. The company had entered into an agreement with the union covering its employees, and now sought the Court's endorsement of the terms of the agreement. The dispute arose from the union's claim that the agreement did not comply with certain provisions of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The central legal issue before the Court was whether the Enterprise Agreement complied with the statutory requirements of the Fair Work Act. Specifically, the union argued that the agreement did not provide for adequate notice periods for termination of employment, and that it did not provide for adequate minimum wage rates for employees. The Court needed to determine whether the agreement met the statutory requirements for approval, and whether it was in the best interests of the employees.

The Court found that the agreement did comply with the statutory requirements of the Fair Work Act. The agreement provided for adequate notice periods for termination of employment, and it provided for minimum wage rates that were consistent with the applicable award. The Court also found that the agreement was in the best interests of the employees, as it provided for fair and reasonable terms of employment. The Court approved the agreement, subject to certain minor modifications to address the union's concerns.

The Court's final orders were that the M Squared Electrical Pty Ltd Enterprise Agreement 2021-2025 be approved, subject to the modifications made by the Court. The agreement was to commence on 1 July 2021 and remain in force until 30 June 2025. The Court's decision provides clarity for employers and employees in the electrical industry, and ensures that the terms of the agreement are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established