Underground Cable Systems Pty Ltd T/A Underground Cable Systems

[2023] FWCA 765

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Underground Cable Systems Pty Ltd T/A Underground Cable Systems

(AG2023/487)

Underground Cable Systems Pty. Ltd. & ETU Power Services Enterprise Agreement 2020-2023

Electrical power industry
COMMISSIONER JOHNS	MELBOURNE, 9 MARCH 2023

Application for approval of the Underground Cable Systems Pty. Ltd. & ETU Power Services Enterprise Agreement 2020-2023

An application has been made for approval of an enterprise agreement known as the Underground Cable Systems Pty. Ltd. & ETU Power Services Enterprise Agreement 2020-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Underground Cable Systems Pty Ltd T/A Underground Cable Systems. 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.

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 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 March 2023. The nominal expiry date of the Agreement is 31 August 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Underground Cable Systems Pty Ltd, trading as Underground Cable Systems, applied for approval of its Enterprise Agreement with the Electrical Trades Union Power Services Enterprise for the period 2020-2023. The application was made to the Fair Work Commission (FWC) under section 232 of the Fair Work Act 2009. The dispute centred around the terms and conditions of employment outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The primary legal issue before the FWC was whether the proposed agreement met the requirements of the Fair Work Act. Specifically, the FWC needed to determine if the agreement provided for the fair and equitable treatment of employees and if it complied with the "better off overall test." This test ensures that employees are not worse off financially under the new agreement compared to their previous conditions. The FWC also needed to consider if the agreement had been negotiated in good faith and if it adhered to the principles of enterprise bargaining.

The FWC found that the proposed agreement did meet the statutory requirements. The commission was satisfied that the agreement provided for fair and equitable treatment of employees and passed the better off overall test. Furthermore, the FWC concluded that the agreement had been negotiated in good faith and complied with relevant enterprise bargaining principles. Based on these findings, the FWC approved the application and registered the agreement. The decision ensures that the terms and conditions outlined in the agreement are legally binding on both parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established