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[2018] FWCA 847

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

CEI Services

(AG2017/4859)

CEI Services Pty Ltd Enterprise Agreement 2017 - 2021

Electrical contracting industry
Deputy President Beaumont	PERTH, 7 FEBRUARY 2018

Application for approval of the CEI Services Pty Ltd Enterprise Agreement 2017 - 2021.

An application has been made for approval of an enterprise agreement known as the CEI Services Pty Ltd Enterprise Agreement 2017 - 2021 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CEI Services. The agreement is a single enterprise agreement.

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.

Subject to the undertakings referred to above, and 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, 188 and 190 as are relevant to this application for approval have been met.

The Agreement was approved on 7 February 2018 and, in accordance with s.54, will operate from 14 February 2018. The nominal expiry date of the Agreement is
7 February 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CEI Services Pty Ltd and its employees represented by the Communications, Electrical and Plumbing Union of Australia. The dispute was about the approval of the Enterprise Agreement 2017-2021, which was to regulate employment conditions between the parties. The Fair Work Commission, an Australian independent statutory body responsible for the resolution of workplace disputes, was the court that heard the matter.

The central legal issues the Commission had to decide were whether the agreement met the requirements set out in the Fair Work Act 2009, particularly if it provided for minimum terms and conditions of employment, and whether it was appropriately made without any element of coercion, duress or unfair bargaining. The Commission also needed to determine if the agreement was in the best interests of the employees and did not undermine the fundamental rights of workers.

The Commission found that the agreement was appropriately made without any element of coercion or duress and that it contained all the minimum terms and conditions required by law. The Commission also concluded that the agreement was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions, including provisions for wages, hours of work and leave entitlements. The Commission approved the agreement, finding it to be appropriately made and in the best interests of the employees. No further orders were made by the Commission.

CEI Services

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