DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Appselec Qld Pty Ltd
(AG2020/3416)

APPSELEC QLD PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 NOVEMBER 2020

Application for approval of the Appselec Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] Appselec Qld Pty Ltd has made an application for approval of an enterprise agreement known as the Appselec Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however I note that the Notice of Employee Representational Rights (NERR) issued to employees was not completed in the prescribed form because the NERR contained inapplicable paragraphs of the template document and was provided to employees in the form of a letter on company letterhead. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 24 November 2020 and, in accordance with s 54, will operate from 1 December 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

The applicant, Appselec Qld Pty Ltd, sought approval of the Enterprise Agreement from the Fair Work Commission. The applicant is an employer in the electrical contracting industry, while the CEPU Electrical Division Queensland is a trade union representing the applicant's employees. The Fair Work Commission had to decide whether the application for approval met the requirements of the Fair Work Act 2009. The key issue before the Commission was whether the agreement contained a genuine bargaining clause and whether it was otherwise in the best interests of the employees.

The Fair Work Commission found that the agreement contained a genuine bargaining clause and was in the best interests of the employees. The Commission noted that the agreement had been negotiated in good faith and provided for a range of benefits for employees, including wage increases and improved working conditions. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the application for registration. The Fair Work Commission determined that the application for approval of the Enterprise Agreement was in accordance with the requirements of the Fair Work Act and approved the application for registration. The Enterprise Agreement will now be registered and will apply to the employees of Appselec Qld Pty Ltd for the period of 2019 to 2023.

Appselec Qld Pty Ltd

DECISION

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