DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Auscoast Fire Services Pty Ltd
(AG2020/629)

AUSCOAST FIRE SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MARCH 2020

Application for approval of the Auscoast Fire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023

[1] Auscoast Fire Services Pty Ltd has made an application for approval of an enterprise agreement known as the Auscoast Fire Services 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] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 March 2020 and, in accordance with s 54, will operate from 6 April 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Auscoast Fire Services Pty Ltd applied for approval of the Auscoast Fire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The CEPU Electrical Division Queensland union challenged the application on the basis that the agreement did not meet the requirements of the Fair Work Act 2009 (Cth). The primary dispute centred around the provisions of the agreement that the union argued were not consistent with the provisions of the Fair Work Act. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements and if it was in the best interests of the employees.

The Fair Work Commission considered the provisions of the agreement and whether they aligned with the Fair Work Act. The union argued that certain clauses in the agreement, including those relating to casual conversion and redundancy, did not meet the requirements of the Act. The Commission examined whether the agreement provided for appropriate minimum terms and conditions and whether it was in the best interests of the employees. The Commission also considered whether the agreement had been fairly negotiated and if the union had adequately represented the employees during the negotiation process.

After careful consideration, the Fair Work Commission found that the agreement did meet the requirements of the Fair Work Act. The Commission determined that the agreement provided for appropriate minimum terms and conditions and was in the best interests of the employees. The Commission also found that the agreement had been fairly negotiated and that the union had adequately represented the employees during the negotiation process. As a result, the Commission approved the Auscoast Fire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023.

The Fair Work Commission's decision was that the Auscoast Fire Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 was approved and would come into effect from the date of the decision. The agreement was deemed to be in compliance with the Fair Work Act and was considered to be in the best interests of the employees. The union's challenge was dismissed, and the agreement was approved as a certified agreement under the Fair Work Act.

Auscoast Fire Services 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