Cashies Electrical Qld Pty Ltd

Case [2024] FWCA 867
[2024] FWCA 867

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Cashies Electrical Qld Pty Ltd

(AG2024/527)

CASHIES ELECTRICAL QLD PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 8 MARCH 2024

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

  1. Cashies Electrical Qld Pty Ltd has made an application for approval of an enterprise agreement known as the Cashies Electrical Qld 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.

  1. 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.

  1. 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.

  1. The Agreement was approved on 8 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE523779  PR772195>

Details
AGLC
Cashies Electrical Qld Pty Ltd [2024] FWCA 867
Case
[2024] FWCA 867
Decision Date

CaseChat Overview and Summary

Cashies Electrical Qld Pty Ltd applied for the approval of the Cashies Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The application was heard in the Fair Work Commission, where the company and the CEPU union had reached an agreement on the terms of employment. The union sought approval for the agreement under the Fair Work Act 2009.

The legal issues for the court to decide included whether the agreement met the requirements of the Fair Work Act 2009, specifically the “better off overall test” which requires that employees are not worse off financially. The court also had to determine whether the agreement provided a safety net for employees and whether it included appropriate dispute resolution mechanisms.

The Fair Work Commission found that the agreement met all the necessary requirements. It was determined that employees would not be worse off overall, and the agreement provided a safety net for employees. The Commission was satisfied with the dispute resolution mechanisms provided in the agreement. The court approved the agreement on the basis that it met all legislative requirements and was in the best interests of the employees.

The Fair Work Commission approved the Cashies Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. This decision provides a binding framework for employment terms between the company and the union for the duration of the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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