DECISION

Fair Work Act 2009
s.185—Enterprise agreement

AC Installation Services Pty Ltd
(AG2020/545)

AC INSTALLATION SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 – 2023

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 8 APRIL 2020

Application for approval of the AC Installation Services Pty Ltd and CEPU Electrical Division Enterprise Agreement 2019 - 2023.

[1] An application has been made for the approval of an enterprise agreement known as the AC Installation Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 – 2023 (the Agreement). The application as made pursuant to s. 185 of Fair Work Act 2009 (the Act). It has been made by AC Installations Services Pty Ltd (the Applicant).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

[3] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Mr Peter Ong, Divisional Branch Secretary of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, a bargaining representative for the Agreement, filed a Form F21 statutory declaration stating the CEPU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it.

[5] In accordance with s. 187(5)(a) of the Act, I am satisfied that the 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.

[6] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[7] Pursuant to s. 53(2)(b) of the Act, I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

[8] The Agreement is approved and will operate in accordance with s. 54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A.

CaseChat Overview and Summary

AC Installation Services Pty Ltd has applied to the Fair Work Commission for the approval of the AC Installation Services Pty Ltd and CEPU Electrical Division Enterprise Agreement 2019-2023. The dispute involves the terms and conditions of employment for employees covered by the agreement, as well as the role of the Fair Work Commission in approving enterprise agreements.

The legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it had been made in good faith. The Commission also had to consider whether the agreement met the requirements for coverage and bargaining representation.

The Commission found that the agreement met the statutory requirements for approval. The agreement provided for fair and reasonable terms and conditions for the employees, and had been made in good faith. The Commission was satisfied that the agreement had been made with adequate coverage and bargaining representation. The Commission also found that the agreement met the requirements for coverage and bargaining representation.

The Fair Work Commission approved the AC Installation Services Pty Ltd and CEPU Electrical Division Enterprise Agreement 2019-2023. The agreement will now be registered with the Fair Work Commission, and will apply to the employees covered by the agreement from 1 July 2019. The approval of the agreement ensures that the employees will receive the benefits and protections provided by the agreement, and that their employers will be bound by the terms and conditions of the agreement.

AC Installation Services Pty Ltd

DECISION

Annexure A.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established