DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2020/185)

Q ELECTRICAL SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 FEBRUARY 2020

Application for approval of the Q Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the Q Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, 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.

[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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 10 February 2020 and, in accordance with s.54, will operate from 17 February 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Applicant) seeking approval of the Q Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The Applicant argued that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission was required to determine whether the agreement met the criteria set out in the Fair Work Act 2009 for an enterprise agreement to be approved.

The central legal issue was whether the terms and conditions of the agreement were fair and reasonable. The Commission considered the bargaining power of the parties, the nature of the agreement, and the circumstances in which it was made. The Applicant argued that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Respondent, Q Electrical Services Pty Ltd, argued that some of the terms and conditions were unreasonable and not in the best interests of its employees.

The Commission found that the agreement was made in good faith and contained terms and conditions that were fair and reasonable. The Commission noted that the Applicant had bargaining power and that the agreement contained provisions that were beneficial to employees. The Commission also found that the Respondent had not demonstrated that any of the terms and conditions were unreasonable or not in the best interests of its employees. The Commission approved the agreement and made orders to that effect.

The Fair Work Commission approved the Q Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 and made orders to that effect. The agreement will now be registered and will apply to the employees of Q Electrical Services Pty Ltd covered by the agreement.

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