DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2021/5220)

KLE ELECTRICAL INSTALLATIONS PTY LTD & ETU NSW CONSTRUCTION ENTERPRISE AGREEMENT 2021

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MAY 2021

Application for approval of the KLE Electrical Installations Pty Ltd & ETU NSW Construction Enterprise Agreement 2021.

[1] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) has made an application for approval of an enterprise agreement known as the KLE Electrical Installations Pty Ltd & ETU NSW Construction Enterprise Agreement 2021 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

[2] This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the CEPU 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, and that it is in the public interest to approve the Agreement.

[3] I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

[4] The Agreement was approved on 26 May 2021 and, in accordance with s 54, will operate from 2 June 2021. 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

The matter before the Fair Work Commission involved an application for the approval of the KLE Electrical Installations Pty Ltd & ETU NSW Construction Enterprise Agreement 2021. The applicant was the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, representing the employees, while the respondent was the employer, KLE Electrical Installations Pty Ltd. The dispute centred around the terms and conditions of employment specified in the proposed enterprise agreement, and the need for its formal approval to ensure compliance with the relevant legislative framework.

The central legal issues before the court were whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the court had to determine if the agreement was a genuine enterprise agreement, whether it contained the required minimum terms, and if it was consistent with the provisions of the Fair Work Act. Additionally, the court needed to consider whether the process through which the agreement was negotiated and finalised was fair and in accordance with the law.

In rendering its decision, the court examined the provisions of the proposed agreement and the evidence presented regarding the negotiation process. The court confirmed that the agreement contained all the required minimum terms and was consistent with the legislative framework. The court found that the negotiation process was fair and that the agreement was a genuine enterprise agreement. Therefore, the court approved the KLE Electrical Installations Pty Ltd & ETU NSW Construction Enterprise Agreement 2021, providing legal certainty for the terms of employment for the employees covered by the agreement. The court's decision was based on the evidence presented and the applicable legal standards set out in the Fair Work Act and related legislation.

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established