Alerton Contracting (Qld) Pty Ltd

[2024] FWCA 4697

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Alerton Contracting (Qld) Pty Ltd

(AG2024/5091)

ALERTON CONTRACTING (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023-2026

Electrical contracting industry
COMMISSIONER REDFORD	MELBOURNE, 30 DECEMBER 2024

Application for approval of the Alerton Contracting (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as Alerton Contracting (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alerton Contracting (Qld) Pty Ltd. The Agreement is a single enterprise agreement.

On the basis of the material filed in support of the application, 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.

The Electrical Trades Union (ETU) 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 ETU.

The Agreement is approved and, in accordance with s.54 of the Act, will operate 7 days after approval.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alerton Contracting (Qld) Pty Ltd applied to the Fair Work Commission for approval of the Alerton Contracting (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026. The applicants were Alerton Contracting (Qld) Pty Ltd, an electrical contracting company, and the CEPU Electrical Division, a trade union. The dispute was about whether the enterprise agreement met the legal requirements for approval. The Fair Work Commission, which is responsible for regulating workplace agreements in Australia, heard the application.

The legal issues before the Commission were whether the agreement complied with the Fair Work Act 2009. This included ensuring that the agreement covered all necessary terms, was fairly and genuinely negotiated, and met other statutory requirements. The Commission needed to determine if the agreement was in the best interests of the employees and if it complied with the relevant provisions of the Fair Work Act. The Commission also considered if the agreement provided for proper minimum terms, and if the process of negotiation was genuine and free from coercion.

After considering the evidence and submissions, the Commission found that the enterprise agreement met all the necessary requirements. The agreement was fairly and genuinely negotiated, covered all necessary terms, and was in the best interests of the employees. The Commission noted that the agreement provided for proper minimum terms, and there was no evidence of coercion or unfair practices in the negotiation process. The Commission approved the agreement, stating that it complied with the Fair Work Act and was beneficial to the employees.

The Commission's final orders were that the Alerton Contracting (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 be approved and registered. The agreement was to be in effect from 1 April 2023, for a period of three years, until 31 March 2026. The Commission's decision provided clarity and legal certainty for both the applicants and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established