United Mechanical and Electrical Group Pty Ltd Summary

[2024] FWCA 787

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

United Mechanical and Electrical Group Pty Ltd

(AG2024/404)

UNITED MECHANICAL AND ELECTRICAL GROUP & ETU NSW/ACT CONSTRUCTION UNION AGREEMENT 2022- 2025

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 MARCH 2024

Application for approval of the United Mechanical and Electrical Group & ETU NSW/ACT Construction Union Agreement 2022- 2025

United Mechanical and Electrical Group Pty Ltd has made an application for approval of an enterprise agreement known as the United Mechanical and Electrical Group & ETU NSW/ACT Construction Union Agreement 2022- 2025 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

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)(a) 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. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 1 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved United Mechanical and Electrical Group Pty Ltd, a company within the construction industry, and the ETU NSW/ACT Construction Union, which represents the employees of such companies. The dispute centred on the approval of an enterprise agreement between the company and the union for the period 2022-2025. The application was made to the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Act and the applicable Fair Work Regulations. Specifically, the Commission needed to determine if the agreement had been made in accordance with the bargaining process and if it met the good faith bargaining criteria. The company argued that the agreement was the result of genuine and fair bargaining, while the union contended that certain provisions did not meet the standards set by the legislation.

In evaluating the application, the Commission considered the evidence presented by both parties regarding the bargaining process. It found that the agreement was the product of genuine and fair bargaining, as the union and the company had engaged in a process that allowed for meaningful discussion and negotiation. The Commission also examined the content of the agreement and determined that it complied with the relevant legislative provisions. As a result, the Commission approved the enterprise agreement, finding that it met the necessary legal standards.

Consequently, the Fair Work Commission granted the application for approval of the United Mechanical and Electrical Group & ETU NSW/ACT Construction Union Agreement 2022-2025. This decision established the terms and conditions of employment for the relevant employees within the company for the specified period.

United Mechanical and Electrical Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established