DECISION

Fair Work Act 2009
s.185—Enterprise agreement

B.I.L. Electrical Pty Ltd
(AG2017/3907)

B.I.L. ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 OCTOBER 2017

Application for approval of the B.I.L. Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the B.I.L. Electrical Pty Ltd 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 B.I.L. Electrical 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 10 October 2017 and, in accordance with s.54, will operate from 17 October 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

The parties involved in this case are B.I.L. Electrical Pty Ltd and CEPU Electrical Division, with the Fair Work Commission being the tribunal responsible for the application. The dispute concerns the approval of the B.I.L. Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The key issue before the court was whether the agreement complied with the provisions of the Fair Work Act 2009, specifically in relation to minimum entitlements, procedural fairness and whether the agreement was made in good faith.

The court examined whether the agreement provided for terms and conditions that met or exceeded the minimum entitlements set out in the relevant awards and whether the process of agreement-making was fair and transparent. The court also considered whether the agreement was made in good faith, as required by section 233 of the Fair Work Act. In evaluating the agreement, the court considered the submissions from both parties, relevant precedents, and statutory requirements. The court found that the agreement met the necessary criteria for approval, as it provided for terms and conditions that met or exceeded minimum entitlements, was made through a fair and transparent process, and was made in good faith.

The court held that the application for approval of the B.I.L. Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 should be approved. The court ordered that the agreement be registered, and the parties were directed to comply with the terms of the agreement. The decision was made on the basis that the agreement complied with the relevant statutory requirements and was made in accordance with the principles of procedural fairness and good faith.

B.I.L. Electrical 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