Absolute Commissioning Group Pty Ltd

[2022] FWCA 2322

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Absolute Commissioning Group Pty Ltd

(AG2022/2260)

Absolute Commissioning Group Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 JULY 2022

Application for approval of the Absolute Commissioning Group Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Absolute Commissioning Group Pty Ltd has made an application for approval of an enterprise agreement known as the Absolute Commissioning Group Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (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) 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.

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.

The Agreement was approved on 12 July 2022 and, in accordance with s 54, will operate from 19 July 2022. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Absolute Commissioning Group Pty Ltd and CEPU Electrical Division sought approval of their enterprise agreement. The application was heard in the Fair Work Commission. The primary dispute was whether the enterprise agreement met the requirements of the Fair Work Act 2009.

The key legal issues before the Commission were whether the agreement complied with the provisions of the Fair Work Act, particularly sections 225 and 233, which concern the scope of the agreement and the process for its approval. The Commission needed to determine whether the agreement was fairly and properly negotiated and whether it was in the best interests of the employees involved.

The Fair Work Commission examined the evidence presented by both parties and concluded that the agreement was fairly and properly negotiated. The Commission found that the agreement contained provisions that were consistent with the Fair Work Act and the interests of the employees. The Commission approved the enterprise agreement, noting that it provided for fair and reasonable terms and conditions of employment. The approval was based on the evidence that the agreement was made in good faith and was in the best interests of the employees.

The Fair Work Commission approved the Absolute Commissioning Group Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023. The Commission found that the agreement met the requirements of the Fair Work Act and was in the best interests of the employees. The approval of the agreement ensures that the terms and conditions of employment for the employees covered by the agreement are fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established