ARA Electrical Engineering Services Pty Limited T/A Bass Electrical Engineering Summary

[2013] FWCA 9771

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

ARA Electrical Engineering Services Pty Limited T/A Bass Electrical Engineering
(AG2013/11565)

ARA ELECTRICAL ENGINEERING SERVICES PTY LIMITED (TRADING AS BASS ELECTRICAL ENGINEERING) (QUEENSLAND DIVISION) & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 12 DECEMBER 2013

Application for approval of the ARA Electrical Engineering Services Pty Limited (trading as Bass Electrical Engineering) (Queensland Division) & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the ARA Electrical Engineering Services Pty Limited (trading as Bass Electrical Engineering) (Queensland Division) & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by ARA Electrical Engineering Services Pty Limited trading as Bass Electrical Engineering (the Employer) and nominates the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In particular, I am satisfied that the CEPU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, ARA Electrical Engineering Services Pty Limited trading as Bass Electrical Engineering, sought approval for an enterprise agreement with the Communications, Electrical and Plumbing Union of Australia (CEPU) Queensland Division. The applicant, a small electrical engineering firm, had entered into an agreement with the CEPU covering its employees in Queensland. The union sought approval of the agreement, which was set to run from 2012 to 2015, under the Fair Work Act 2009.

The primary legal issue for the Commission was whether the agreement met the requirements of the Fair Work Act, particularly whether it provided for the proper operation of the enterprise and its employees, and whether it contained any provisions that would be contrary to public policy. The Commission needed to consider if the agreement's terms were fair and reasonable, and if it provided for the proper operation of the enterprise and its employees, taking into account the small size of the business.

The Commission found that the agreement was fair and reasonable and met the requirements of the Fair Work Act. The agreement provided for the proper operation of the enterprise and its employees, and did not contain any provisions that would be contrary to public policy. The Commission took into account the small size of the business and the need for flexibility in the agreement. The Commission approved the agreement, and it became a registered enterprise agreement on 1 July 2012.

The Commission made an order approving the ARA Electrical Engineering Services Pty Limited (trading as Bass Electrical Engineering) (Queensland Division) & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The agreement was registered as a registered enterprise agreement under the Fair Work Act 2009.

ARA Electrical Engineering Services Pty Limited T/A Bass Electrical Engineering

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established