Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (128V) v PEER Education Employment & Training Ltd trading as PEER
What happened
The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU) sought a bargaining order against PEER Education Employment & Training Ltd (PEER). The union alleged PEER breached good faith bargaining requirements during negotiations for a single-enterprise agreement. The Fair Work Commission heard arguments regarding PEER's request for employees to approve the agreement.
What was decided
The Full Bench of the Fair Work Commission dismissed the union’s appeal. The bench found that PEER’s request for employee approval did not necessarily constitute a breach of good faith bargaining requirements. Deputy President Boyce, Deputy President Grayson and Vice President Gibian were involved in the decision. The Commission noted that the specific circumstances of each bargaining situation are important when assessing good faith.
What it means for employers
Employers should be aware that seeking employee approval during bargaining does not automatically indicate a breach of good faith. However, the specific context and manner of the request are crucial. Employers should carefully consider their actions and ensure they are acting in good faith throughout the bargaining process.
What it means for employees
Employees involved in enterprise bargaining should understand that an employer’s request for approval of an agreement does not automatically mean the bargaining process is unfair. However, employees should still be vigilant and raise concerns if they believe the employer is not bargaining in good faith.
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