DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia T/A CEPU
(AG2019/3914)

LYNNHURST PTY LTD (T/A ARTHUR CONTRACTING) & ETU POWERLINE ENTERPRISE AGREEMENT 2016-2020

Electrical power industry
COMMISSIONER YILMAZ	MELBOURNE, 3 DECEMBER 2019

Application for approval of the Lynnhurst Pty Ltd (T/A Arthur Contracting) & ETU Powerline Enterprise Agreement 2016-2020.

[1] An application has been made for approval of an enterprise agreement known as the Lynnhurst Pty Ltd (T/A Arthur Contracting) & ETU Powerline Enterprise Agreement 2016-2020 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia T/A CEPU. The Agreement is a single enterprise agreement.

[2] The Employer has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. The undertakings are taken to be a term of the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement is approved and in accordance with s.54, will operate from 10 December 2019. The nominal expiry date of the Agreement is 31 August 2020.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, trading as CEPU, which sought approval for the Lynnhurst Pty Ltd (trading as Arthur Contracting) & ETU Powerline Enterprise Agreement 2016-2020. The matter was heard by the Fair Work Commission, with the union arguing that the agreement should be approved as it met the requirements of the Fair Work Act 2009. The employer contested the application, raising concerns about the agreement's provisions.

The central legal issue before the Commission was whether the enterprise agreement contained provisions that were contrary to the public interest, as defined under section 233 of the Fair Work Act. Specifically, the employer argued that certain clauses within the agreement contravened the public interest by potentially enabling unfair dismissals and limiting the rights of employees to take protected industrial action. The union, on the other hand, contended that the agreement was fair and reasonable and did not breach any provisions of the Act.

In reaching its decision, the Commission carefully examined the provisions of the agreement and considered relevant legal precedents. The Commission determined that, while some aspects of the agreement were indeed contentious, they did not contravene the public interest as defined in the Act. The Commission found that the agreement was, in the main, fair and reasonable and did not contain any provisions that would unjustly prejudice employees or employers. Accordingly, the Commission approved the enterprise agreement, subject to certain minor modifications to address the employer's concerns.

The final orders of the Commission were that the Lynnhurst Pty Ltd (trading as Arthur Contracting) & ETU Powerline Enterprise Agreement 2016-2020 be approved, with the modifications made to address the employer's concerns about the potential for unfair dismissals and limitations on protected industrial action. The agreement was to be registered with the Fair Work Commission, and the parties were required to comply with its terms and conditions.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia T/A CEPU

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established