DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Alimak Hek Pty Ltd
(AG2014/10713)

ALIMAKHEK & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2013-2015

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 22 DECEMBER 2014

Application for approval of the AlimakHek & CEPU Electrical Division Queensland Enterprise Agreement 2013 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the AlimakHek & CEPU Electrical Division Queensland Enterprise Agreement 2013 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Alimak Hek Pty Ltd. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[4] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 December 2014 and, in accordance with s.54, will operate from 29 December 2014. The nominal expiry date of the Agreement is 30 June 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Alimak Hek Pty Ltd was a case before the Fair Work Commission, involving an application for the approval of the AlimakHek & CEPU Electrical Division Queensland Enterprise Agreement 2013 - 2015. The primary parties to the agreement were the employer, Alimak Hek Pty Ltd, and the employees' representative, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement.

The legal issues before the Commission included whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for good faith bargaining and the protection of employee rights. Key points of contention were the proposed changes to shift patterns, overtime entitlements, and the inclusion of provisions that potentially limited employees' rights. The Commission also needed to determine whether the agreement provided fair and reasonable terms and conditions of employment, taking into account the interests of both the employer and the employees.

The Commission considered the evidence presented by both parties and the principles of good faith bargaining. It examined whether the proposed changes were reasonable and whether the agreement provided adequate protections for the employees. The Commission found that the agreement was generally fair and reasonable, taking into account the need for flexibility in the workplace and the interests of both parties. The Commission approved the agreement, subject to certain modifications to address specific concerns regarding the limitations on employees' rights. The modifications ensured that the agreement complied with the statutory requirements and provided a fair balance between the interests of the employer and the employees.

Alimak Hek Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established