SIMPEC Pty Ltd

[2022] FWCA 2825

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

SIMPEC Pty Ltd

(AG2022/3369)

SIMPEC Pty Ltd & ETU Sydney Infrastructure Enterprise Agreement 2020

Electrical contracting industry
COMMISSIONER MCKINNON	SYDNEY, 24 AUGUST 2022

Application for approval of the SIMPEC PTY LTD & ETU Sydney Infrastructure Enterprise Agreement 2020

Application has been made by SIMPEC Pty Ltd for approval of a greenfields agreement known as the SIMPEC PTY LTD & ETU Sydney Infrastructure Enterprise Agreement 2020 (Agreement) under s.185 of the Fair Work Act 2009 (Act).

The Agreement was made between SIMPEC Pty Ltd and the CEPU and meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) are 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. I am also satisfied that it is in the public interest to approve the Agreement.

The Agreement covers the CEPU.

The Agreement is approved and will operate from 31 August 2022. The nominal expiry date of the Agreement is 31 October 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

SIMPEC Pty Ltd was the applicant seeking approval of the Enterprise Agreement between itself and the ETU. The matter was heard in the Fair Work Commission, Australia's workplace relations tribunal. The dispute centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009 (Cth) and if it was in the best interests of the employees.

The legal issues before the Commission included whether the agreement contained all the mandatory terms as prescribed by the Fair Work Act, whether it was free from any unlawful content, and whether it was fair and reasonable in terms of the employees' interests. Additionally, the Commission had to consider if the agreement was the product of genuine bargaining and if it met the threshold for being a "single, integrated agreement".

The Fair Work Commission found that the agreement was compliant with the legislative requirements and was free from any unlawful content. The Commission was satisfied that the agreement was the result of genuine bargaining and met the criteria for being a single, integrated agreement. Furthermore, the Commission considered the agreement to be fair and reasonable for the employees, taking into account the context of the bargaining and the parties' respective positions. The Commission approved the Enterprise Agreement, finding it to be in the best interests of the employees.

The Fair Work Commission approved the SIMPEC Pty Ltd & ETU Sydney Infrastructure Enterprise Agreement 2020, determining it met all legal requirements and was fair and reasonable for the employees. The Commission's decision was based on the agreement being the result of genuine bargaining, containing all mandatory terms, and being free from unlawful content.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established