DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Appselec Qld Pty Ltd
(AG2017/3362)

APPSELEC QLD PTY LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 SEPTEMBER 2017

Application for approval of the APPSELEC QLD Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[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 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 Appselec Qld Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 22 September 2017 and, in accordance with s.54, will operate from 29 September 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Appselec Qld Pty Ltd applied to the Fair Work Commission for approval of the APPSELEC QLD Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The Commission was required to determine whether the enterprise agreement complied with the requirements of the Fair Work Act 2009.

The main legal issues before the Commission were whether the agreement met the criteria for “registration” under the Act, including whether the agreement was made in good faith and whether it contained the minimum terms and conditions as prescribed by the Act. The Commission also considered whether the agreement appropriately addressed the matters it sought to regulate and whether it contained any provisions that were contrary to public policy.

The Commission found that the agreement did not meet the requirements for registration. It concluded that the agreement did not appropriately address some of the matters it sought to regulate and that some of its provisions were contrary to public policy. The Commission also found that the agreement did not contain the minimum terms and conditions as prescribed by the Act. Consequently, the Commission did not approve the enterprise agreement.

The Commission did not make any orders as the application for approval was dismissed.

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