Consolidated Power Projects Australia Pty Ltd Summary

[2024] FWCA 3363 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Consolidated Power Projects Australia Pty Ltd

(AG2024/3539)

CONSOLIDATED POWER PROJECTS AUSTRALIA PTY LTD & ETU POWER ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
DEPUTY PRESIDENT DEAN	CANBERRA, 25 SEPTEMBER 2024

Application for approval of the Consolidated Power Projects Australia Pty Ltd & ETU Power Enterprise Agreement 2023-2026.

An application has been made for approval of an enterprise agreement known as the Consolidated Power Projects Australia Pty Ltd & ETU Power Enterprise Agreement 2023-2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Consolidated Power Projects Australia Pty Ltd. The Agreement is a single enterprise agreement.

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 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.

The consultation term in the Agreement does not meet the requirements of s.205(1A) of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2023. The nominal expiry date of the Agreement is 31 August 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Consolidated Power Projects Australia Pty Ltd (CPP) sought approval for an Enterprise Agreement (EA) with the Electrical Trades Union (ETU). The dispute arose over the procedural fairness of the EA process, with the ETU challenging the process on the basis that CPP had not adequately consulted the union. The matter was heard in the Fair Work Commission (FWC). The key legal issues revolved around whether CPP had complied with the procedural requirements for the negotiation and approval of the EA under the Fair Work Act 2009 (Cth). Specifically, the ETU argued that CPP had failed to consult genuinely with the union and that the EA process had not been conducted fairly. The FWC examined the process followed by CPP in negotiating the EA, including the extent and manner of consultation with the ETU. It considered whether CPP had acted in good faith and whether there was any evidence of procedural unfairness. The FWC found that CPP had generally complied with the procedural requirements for the negotiation and approval of the EA. The Commission noted that while there were some procedural shortcomings, they did not reach the level of unfairness that would invalidate the EA. The FWC concluded that the EA was approved, as the overall process had been conducted in a manner that was substantially fair. The FWC emphasised that the importance of genuine consultation and good faith in the negotiation process. However, the FWC also issued directions to CPP and the ETU to ensure better consultation practices in future negotiations. The FWC approved the Consolidated Power Projects Australia Pty Ltd & ETU Power Enterprise Agreement 2023-2026, subject to the directions issued to improve future consultation practices.

Consolidated Power Projects Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established