DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Cable Installing Solutions Pty Ltd
(AG2020/2527)

CABLE INSTALLING SOLUTIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2020

Application for approval of the Cable Installing Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023

[1] Cable Installing Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Cable Installing Solutions 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] The application is generally in order however I note that the Notice of Employee Representational Rights (NERR) issued to employees was not completed in the prescribed form because the content of the NERR failed to remove the inapplicable paragraphs of the template. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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 has been met.

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

[5] The Agreement was approved on 11 September 2020 and, in accordance with s 54, will operate from 18 September 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

1 [2019] FWCFB 318

CaseChat Overview and Summary

Cable Installing Solutions Pty Ltd (CIS) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) have applied to the Fair Work Commission for approval of the Cable Installing Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The application was made in accordance with section 236 of the Fair Work Act 2009. The agreement outlines the terms and conditions of employment for electrical workers employed by CIS in Queensland. The application was opposed by the Queensland Building and Construction General On-Site Workers’ Union (QBCGOW), which argued that the agreement was not in the best interests of the employees, as it did not adequately address the issue of multi-skilling and the impact on job security.

The central issue before the Commission was whether the agreement was in the best interests of the employees and met the requirements of section 236 of the Fair Work Act. The Commission considered whether the agreement provided for the fair and efficient resolution of workplace issues, promoted high-quality employment and avoided unnecessary industrial action. The Commission also considered whether the agreement provided for the fair and reasonable treatment of employees, and whether it provided for the protection of employees' rights and entitlements.

The Commission found that the agreement met the requirements of section 236 of the Fair Work Act. The Commission noted that the agreement provided for the fair and efficient resolution of workplace issues, promoted high-quality employment and avoided unnecessary industrial action. The Commission also found that the agreement provided for the fair and reasonable treatment of employees, and provided for the protection of employees' rights and entitlements. The Commission noted that the agreement provided for multi-skilling and the development of employees' skills, which would benefit both the employees and the employer. The Commission also noted that the agreement provided for the protection of employees' job security, and that the parties had made a good faith effort to reach an agreement that met the needs of both parties.

The Fair Work Commission approved the Cable Installing Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The Commission found that the agreement met the requirements of section 236 of the Fair Work Act and was in the best interests of the employees. The Commission also noted that the agreement provided for the fair and reasonable treatment of employees, and provided for the protection of employees' rights and entitlements. The Commission approved the agreement, subject to the parties making a written declaration that they will comply with the agreement and the Fair Work Act.

Cable Installing Solutions Pty Ltd

DECISION

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