Chris DJ Electrical Pty Ltd

[2024] FWCA 2893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chris DJ Electrical Pty Ltd

(AG2024/2854)

CHRIS DJ ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 6 AUGUST 2024

Application for approval of the Chris DJ Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Chris DJ Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Chris DJ Electrical Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chris DJ Electrical Pty Ltd applied to the Fair Work Commission for approval of the Chris DJ Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026. The CEPU, a union, represented the employees. The union and the employer were in dispute over the terms of the enterprise agreement, particularly concerning the pay rates and conditions for certain employees. The application was heard by the Fair Work Commission, a tribunal with jurisdiction to approve enterprise agreements.

The legal issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly in relation to the provisions concerning pay rates, allowances, and conditions. The Commission had to consider whether the agreement provided a safety net for employees, offered fair terms and conditions, and did not adversely affect employees' existing rights or entitlements. The union argued that the proposed agreement did not adequately protect the employees' rights, while the employer maintained that the agreement was fair and met the legislative requirements.

The Fair Work Commission found that the proposed agreement met the necessary legislative standards. The Commission concluded that the agreement provided a safety net for employees, included fair terms and conditions, and did not unfavourably affect employees' existing rights or entitlements. The Commission approved the enterprise agreement, noting that it was in the best interests of the employees and the employer, and would promote harmonious, productive, and cooperative workplace relations.

The Fair Work Commission approved the Chris DJ Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026, subject to the terms and conditions outlined in the agreement. The agreement came into effect on 1 April 2023 and will remain in force until 31 March 2026, unless terminated earlier in accordance with the provisions of the agreement or the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established