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

[2021] FWCA 6838

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
(AG2021/8269)

VOLTEK PTY LTD & ETU POWERLINE ENTERPRISE AGREEMENT 2020-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 NOVEMBER 2021

Application for approval of the Voltek Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023

[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 Voltek Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

[2] While the application is generally in order, it appears that employees were not provided with all of the final details of the vote, which was deferred from 15 October 2021 to 26 October 2021, seven clear days before the vote actually occurred. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a), and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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 and 188 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 25 November 2021 and, in accordance with s 54, will operate from 2 December 2021. The nominal expiry date of the Agreement is 31 August 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied for the approval of the Voltek Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023. The dispute centred around the terms and conditions of employment for employees covered by the enterprise agreement. The Commission was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the proper protection of employees' wages, conditions, and entitlements, and whether it complied with the relevant provisions of the Fair Work Act. In particular, the Commission needed to assess whether the agreement adequately covered all employees, provided minimum rates of pay and conditions, and included provisions for employee representation and dispute resolution.

The Commission found that the agreement met the necessary criteria for approval. It was satisfied that the agreement provided for the proper protection of employees' wages, conditions, and entitlements. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act. It was noted that the agreement provided for minimum rates of pay and conditions, as well as provisions for employee representation and dispute resolution. The Commission approved the enterprise agreement, noting that it would provide a fair and effective framework for the employment of covered employees.

The Commission approved the Voltek Pty Ltd & ETU Powerline Enterprise Agreement 2020-2023, effective from 1 July 2020. The agreement provides a fair and effective framework for the employment of covered employees, ensuring the proper protection of their wages, conditions, and entitlements. The approval of this enterprise agreement demonstrates the Commission's commitment to facilitating fair and effective workplace agreements that benefit both employers and employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established