DECISION

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

CMS Electrical Services Pty Ltd
(AG2015/3614)

"CMS ELECTRICAL SERVICES PTY LTD" SINGLE ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 JULY 2015

Application for approval of the "CMS Electrical Services Pty Ltd" Single Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the "CMS Electrical Services Pty Ltd" Single Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Fair Work Commission notes and accepts the undertaking provided by the employer and it is taken to be a term of the Agreement. A copy of the undertaking is attached to this decision as Annexure A.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 15 July 2015. The nominal expiry date of the Agreement is 15 July 2019.

DEPUTY PRESIDENT

Annexure A

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

CMS Electrical Services Pty Ltd, an electrical contracting business, applied to the Fair Work Commission for approval of the "CMS Electrical Services Pty Ltd" Single Enterprise Agreement 2015. The application was made pursuant to section 230 of the Fair Work Act 2009. The parties involved in the dispute included CMS Electrical Services Pty Ltd and the Electrical Trades Union of Australia. The dispute centred on whether the agreement met the legal standards for approval, particularly regarding the provision of adequate minimum terms for employees under the agreement.

The primary legal issue the court needed to address was whether the agreement provided adequate minimum terms for employees as required by section 230(2)(b) of the Fair Work Act. This involved examining the terms of the agreement to determine if they covered essential matters such as wages, penalties rates, allowances, overtime, and maximum weekly hours, as well as other specified minimum terms. The court also needed to ensure that the agreement was made in good faith and did not undermine the right of employees to protected industrial action.

The court examined the terms of the agreement and concluded that it provided adequate minimum terms for employees. The agreement covered all the necessary matters including wages, penalties rates, allowances, overtime, and maximum weekly hours. The court found that the agreement was made in good faith and did not undermine the right of employees to protected industrial action. Consequently, the court approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

CMS Electrical Services 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