DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CJK Pty Ltd
(AG2020/3077)

CJK PTY LTD & ETU SYDNEY CONSTRUCTION ENTERPRISE AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 NOVEMBER 2020

Application for approval of the CJK Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020.

[1] CJK Pty Ltd has made an application for approval of an enterprise agreement known as the CJK Pty Ltd & ETU Sydney Construction Enterprise Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 9 November 2020 and, in accordance with s 54, will operate from 16 November 2020. The nominal expiry date of the Agreement is 31 October 2022.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of CJK Pty Ltd, the Fair Work Commission was tasked with considering the approval of the CJK Pty Ltd and ETU Sydney Construction Enterprise Agreement 2020. The applicant, CJK Pty Ltd, sought the Commission’s approval of the enterprise agreement, which was negotiated between the company and the Electrical Trades Union of Australia. The ETU Sydney, as the representative of the employees, supported the application. The dispute centred around the terms and conditions of employment as outlined in the proposed agreement, and whether these terms were fair and reasonable in the context of the applicable legislative framework.

The primary legal issue for the Commission to address was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009, particularly focusing on the provisions regarding pay rates, penalty rates, and the overall fairness of the agreement to both the employer and employees. The Commission had to consider if the agreement provided for a safety net of minimum entitlements, did not undermine existing industrial awards, and allowed for genuine bargaining between the parties. The applicant argued that the agreement reflected a fair and reasonable outcome, while the respondent union contended that the terms were acceptable and met the necessary standards for approval.

The Commission carefully examined the terms of the agreement and the evidence provided by both parties. It found that the proposed agreement did indeed meet the statutory requirements. The Commission noted that the agreement provided for adequate pay rates, took into account the need for penalty rates in certain circumstances, and ensured that the safety net of minimum entitlements was preserved. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and reflected a genuine effort by both parties to reach a fair outcome. Consequently, the Commission approved the enterprise agreement, finding it to be fair and reasonable.

In approving the agreement, the Commission made an order that the CJK Pty Ltd and ETU Sydney Construction Enterprise Agreement 2020 be approved under section 173 of the Fair Work Act 2009. This decision will now govern the terms and conditions of employment for the relevant employees covered by the agreement, providing a framework for industrial relations within the specified enterprise.

CJK 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