National Cable Installations Pty Ltd Summary

[2021] FWCA 6610

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Cable Installations Pty Ltd
(AG2021/8135)

NATIONAL CABLE INSTALLATIONS PTY LTD & ETU WESTCONNEX 3A GREENFIELDS PROJECT AGREEMENT 2021 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 NOVEMBER 2021

Application for approval of the National Cable Installations Pty Ltd & ETU WestConnex 3A Greenfields Project Agreement 2021 - 2023

[1] National Cable Installations Pty Ltd has made an application for approval of an enterprise agreement known as the National Cable Installations Pty Ltd & ETU WestConnex 3A Greenfields Project Agreement 2021 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 9 November 2021 and, in accordance with s 54, will operate from 16 November 2021. The nominal expiry date of the Agreement is 30 September 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

National Cable Installations Pty Ltd sought approval from the Fair Work Commission for the National Cable Installations Pty Ltd & ETU WestConnex 3A Greenfields Project Agreement 2021-2023. The agreement was aimed at regulating the terms and conditions of employment for certain employees involved in a project managed by National Cable Installations, with the Electrical Trades Union (ETU) representing the employees. The dispute centred on the procedural fairness and substantive fairness of the agreement, as well as whether it met the statutory requirements for an enterprise agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the process for developing and approving the agreement was procedurally fair, whether the agreement was in good faith, and whether it contained the required provisions and was free from prohibited content. Additionally, the Commission needed to determine if the agreement was genuinely negotiated and met the statutory criteria for an enterprise agreement.

The Commission found that the process was procedurally fair, with adequate consultation and negotiation between the parties. The Commission also found that the agreement was in good faith, genuinely negotiated, and met the statutory criteria for an enterprise agreement. The agreement contained all the necessary provisions and was free from prohibited content. Consequently, the Commission approved the agreement, finding it to be a lawful and fair enterprise agreement.

The Fair Work Commission approved the National Cable Installations Pty Ltd & ETU WestConnex 3A Greenfields Project Agreement 2021-2023, acknowledging that it was procedurally fair, in good faith, genuinely negotiated, and met the statutory criteria for an enterprise agreement.

National Cable Installations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established