DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Appselec Qld Pty Ltd
(AG2019/501)

APPSELEC QLD PTY LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 18 MARCH 2019

Application for approval of the Appselec Qld Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Appselec Qld Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Appselec Qld Pty Ltd. 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 18 March 2019 and, in accordance with s.54, will operate from 25 March 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Appselec Qld Pty Ltd was before the Fair Work Commission in an application to approve the Appselec Qld Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019. The dispute centred on the validity and fairness of the enterprise agreement proposed between the employer and the electrical workers' union. The Commission had to determine whether the agreement met the necessary criteria for approval, including compliance with the Fair Work Act 2009.

The legal issues before the Commission involved verifying the procedural fairness of the agreement-making process, ensuring that the agreement addressed all required matters, and confirming that it provided for the proper operation of the workplace. Additionally, the Commission examined whether the agreement included adequate provisions for employee entitlements, working conditions, and dispute resolution mechanisms.

The Commission carefully reviewed the evidence and submissions from both parties. It found that the agreement was the product of a process that met the requirements of procedural fairness, as both parties had engaged in genuine bargaining. The agreement was comprehensive, addressing all mandatory matters and providing for fair terms and conditions of employment. The Commission concluded that the agreement was fair and appropriate for approval, as it balanced the interests of both the employer and the employees.

The Fair Work Commission approved the enterprise agreement, confirming its compliance with the necessary legislative standards. The agreement was deemed to provide for the proper operation of the workplace and to include adequate provisions for employee entitlements and dispute resolution. The decision underscores the importance of ensuring that enterprise agreements are the result of genuine bargaining and that they adequately address all required matters.

Appselec Qld 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