DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - South Australian Divisional Branch
(AG2017/565)

CEPU ADMINISTRATION TEAM ENTERPRISE AGREEMENT 2017

Clerical industry
COMMISSIONER ROE	MELBOURNE, 23 MARCH 2017

Application for approval of the CEPU Administration Team Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the CEPU Administration Team Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications Electrical Electronic Energy Postal Plumbing and Allied Services Union of Australia (CEPU) Electrical Energy and Services Division – South Australian Branch. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on and, in accordance with s.54, will operate from 30 March 2017. The nominal expiry date of the Agreement is 30 March 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia – Electrical, Energy and Services Division – South Australian Divisional Branch applied for the approval of the CEPU Administration Team Enterprise Agreement 2017 under the Fair Work Act 2009. The dispute arose when the union sought to have the agreement approved by the Fair Work Commission, which would give it a degree of enforceability under the Act. The union argued that the agreement contained appropriate terms and conditions of employment for the members it represented, while the employer contested several provisions, arguing they were either unfair or did not comply with the requirements of the Act.

The central legal issue before the court was whether the enterprise agreement met the criteria for approval under section 234 of the Fair Work Act. This involved assessing whether the agreement contained only matters that were "allowable" under the Act, including whether the agreement dealt with terms and conditions of employment in a manner that was procedurally and substantively fair. The court also needed to determine if the agreement satisfied the good faith bargaining requirement and if it had been made in accordance with the Act’s provisions.

The Fair Work Commission, after reviewing the arguments and evidence presented by both parties, found that the CEPU Administration Team Enterprise Agreement 2017 was procedurally and substantively fair. The Commission concluded that the agreement contained appropriate terms and conditions for the employees represented by the union and that the bargaining process was conducted in good faith. The Commission approved the agreement, determining that it met all the criteria for approval under the Fair Work Act. The employer's objections were largely dismissed, and the agreement was endorsed as it stood.

As a result of the Commission's decision, the CEPU Administration Team Enterprise Agreement 2017 was approved and became a legally binding instrument for the parties involved. This outcome provided clarity and certainty for the union and its members regarding the terms and conditions of their employment, while also ensuring that the employer's obligations under the Act were met.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical, Energy and Services Division - South Australian Divisional Branch

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established