Babinda Electrics Pty Ltd

[2024] FWCA 121

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Babinda Electrics Pty Ltd

(AG2024/3)

BABINDA ELECTRICS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 JANUARY 2024

Application for approval of the Babinda Electrics Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Babinda Electrics Pty Ltd has made an application for approval of an enterprise agreement known as the Babinda Electrics Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), I consider it fair in all the circumstances to extend the time for making the application to the date it was actually made.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 11 January 2024 and, in accordance with s 54, it will operate from 18 January 2024. The nominal expiry date of the Agreement is 31 July 2026.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the Babinda Electrics Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. The applicant, CEPU, sought approval of the agreement, which aimed to regulate the employment terms and conditions for workers in the electrical industry. The primary dispute centred around the validity and fairness of the proposed agreement.

The main legal issues the court needed to address were whether the agreement met the statutory requirements for approval and whether it contained provisions that were not in the best interests of the employees. Specifically, the court examined if the agreement complied with the Fair Work Act 2009, including whether it was made in good faith and provided for the proper classification of employees. Additionally, the court needed to determine if the agreement contained terms that were procedurally fair and protected employees' rights and interests.

The court found that the agreement was made in good faith and contained provisions that were procedurally fair. It also determined that the agreement was not contrary to public policy and was not likely to have a detrimental effect on the employees' terms and conditions. The court concluded that the agreement met the statutory requirements for approval under the Fair Work Act 2009 and was in the best interests of the employees. The court approved the agreement, and it will now be registered and binding on the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established