DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alerton Contracting (Qld) Pty Ltd T/A Alerton Contracting
(AG2017/6183)

ALERTON CONTRACTING (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 19 DECEMBER 2017

Application for approval of the Alerton Contracting (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Alerton Contracting (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 (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 T/A Alerton Contracting. The Agreement is a single enterprise agreement.

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

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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 organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alerton Contracting (Qld) Pty Ltd T/A Alerton Contracting applied for approval of the Alerton Contracting (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The application was heard by the Fair Work Commission, with the decision authored by Commissioner S.C. Kelly. The dispute involved the approval of an enterprise agreement between Alerton Contracting (Qld) Pty Ltd and the CEPU Electrical Division Queensland, which aimed to regulate employment conditions for employees within the specified period. The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, particularly in terms of the process by which it was negotiated and whether it complied with the provisions regarding the substantive terms and conditions of employment.

The Commission's analysis focused on the procedural fairness of the negotiation process and the substantive content of the agreement. Regarding procedural fairness, the Commission noted that the agreement had been negotiated through a series of meetings between the parties, with both Alerton Contracting and the CEPU Electrical Division Queensland participating in good faith. The Commission considered the evidence provided regarding the negotiation process and concluded that the agreement had been negotiated in accordance with the requirements of the Fair Work Act. As for the substantive terms, the Commission reviewed the agreement to ensure that it did not contain any provisions that were contrary to the national workplace relations system. After careful consideration, the Commission found that the agreement was consistent with the relevant provisions of the Fair Work Act and did not contain any terms that were detrimental to the employees.

In conclusion, the Commission approved the Alerton Contracting (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018, finding that it had been negotiated fairly and contained terms and conditions that were in line with the Fair Work Act. The agreement was approved as of the date of the decision, and the parties were required to take all necessary steps to give effect to its provisions.

Alerton Contracting (Qld) Pty Ltd T/A Alerton Contracting

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established