All Data and Communications Pty Ltd Summary

[2024] FWCA 2642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

All Data and Communications Pty Ltd

(AG2024/2514)

ALL DATA & COMMUNICATIONS PTY. LTD. AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JULY 2024

Application for approval of the All Data & Communications Pty. Ltd. and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

All Data and Communications Pty Ltd has made an application for approval of an enterprise agreement known as the All Data & Communications Pty. Ltd. and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 18 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the All Data & Communications Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. The applicant, All Data & Communications Pty Ltd, sought the Commission's approval of the agreement, which was negotiated between the company and the CEPU Electrical Division. The dispute centred around whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved and registered.

The primary legal issues the Commission had to resolve were whether the agreement provided for the terms and conditions of employment in a fair and reasonable manner, and whether it complied with the requirements set out in the Fair Work Act. The Commission needed to consider if the agreement was made in good faith and whether it was free from any improper influences or coercion. Additionally, the Commission assessed whether the agreement contained provisions that were contrary to public policy or were otherwise invalid.

The Fair Work Commission found that the agreement was made in good faith and contained provisions that were fair and reasonable. The Commission determined that the agreement was free from any improper influences or coercion and did not contain any provisions that were contrary to public policy. The Commission also found that the agreement met all the necessary criteria for approval under the Fair Work Act. Consequently, the Commission approved and registered the All Data & Communications Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026.

The Fair Work Commission's final orders included the approval and registration of the All Data & Communications Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. This decision was based on the Commission's findings that the agreement was made in good faith, contained fair and reasonable provisions, and complied with the requirements of the Fair Work Act. The approved agreement will now serve as the basis for the terms and conditions of employment between the company and the CEPU Electrical Division for the period 2023-2026.

All Data and Communications Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established