DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Chris DJ Electrical Pty Ltd
(AG2020/2310)

THE CHRIS DJ ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 1 SEPTEMBER 2020

Application for approval of the CHRIS DJ ELECTRICAL Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] An application has been made for the approval of an enterprise agreement known as the Chris DJ Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s. 185 of Fair Work Act 2009 (the Act). It has been made by Chris DJ Electrical Pty Ltd (the Applicant).

[2] This is a Greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

[3] In accordance with s. 187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia - Electrical Division (CEPU – Electrical Division) 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.

[4] 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.

[5] Pursuant to s. 53(2)(b) of the Act, I note the Agreement was made with the CEPU – Electrical Division and that the Agreement covers this organisation.

[6] The Agreement is approved and will operate in accordance with s. 54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Chris DJ Electrical Pty Ltd and CEPU Electrical Division Queensland recently applied to the Fair Work Commission for approval of their enterprise agreement. The application came before the Deputy President of the Fair Work Commission, Mr. J.M. McCabe. The nature of the dispute revolved around the validity and enforceability of the proposed enterprise agreement, particularly in relation to the procedural fairness and good faith bargaining principles.

The legal issues central to the case included whether the agreement was genuinely negotiated between the parties and whether the bargaining process adhered to the principles of procedural fairness and good faith. The applicant needed to demonstrate that the agreement was not only negotiated but also that the bargaining process was fair and conducted in good faith. Additionally, the court needed to consider whether the terms of the agreement were fair and reasonable for the employees and the employer.

The Deputy President, Mr. McCabe, examined the evidence presented by both parties and assessed whether the bargaining process met the statutory requirements. He found that the applicant had provided sufficient evidence to demonstrate that the agreement was genuinely negotiated and that the bargaining process adhered to the principles of procedural fairness and good faith. The Deputy President concluded that the agreement met the necessary criteria and approved the enterprise agreement.

The final orders included the approval of the CHRIS DJ ELECTRICAL Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023, ensuring that it would now be binding on both the employer and the employees.

Chris DJ Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established