| [2023] FWCA 740 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Cashies Electrical Qld Pty Ltd
(AG2023/460)
Cashies Electrical Qld Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 8 MARCH 2023 |
Application for approval of the Cashies Electrical Qld Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024
Cashies Electrical Qld Pty Ltd has made an application for approval of a greenfields agreement known as the Cashies Electrical Qld Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).
This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (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.
I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.
The Agreement was approved on 8 March 2023 and, in accordance with s 54, will operate from 15 March 2023. The nominal expiry date of the Agreement is 31 January 2025.
DEPUTY PRESIDENT
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- AGLC
- Cashies Electrical Qld Pty Ltd [2023] FWCA 740
- Case
- [2023] FWCA 740
- Decision Date
CaseChat Overview and Summary
The legal issues the court needed to decide included whether the agreement met the requirements of the applicable industrial relations legislation and if the terms proposed were fair and reasonable. The court had to consider whether the agreement provided adequate protections for employees and whether it complied with relevant industrial awards and agreements.
The court examined the proposed agreement in detail, assessing its terms against the statutory framework and existing industrial instruments. The commission concluded that the agreement was fair and reasonable, providing adequate protections for employees and aligning with the relevant industrial awards. The court found that the agreement complied with the necessary legal requirements and approved it.
The final orders of the court were to approve the Cashies Electrical Queensland Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024, subject to the terms and conditions as outlined in the agreement.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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