DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2015/6040)

GEIGER ELECTRICAL PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER ROE	MELBOURNE, 10 NOVEMBER 2015

Application for approval of the Geiger Electrical Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Geiger Electrical Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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) I note that the Agreement covers the organisation.

[5] The Agreement was approved on 10 November 2015 and, in accordance with s.54, will operate from 17 November 2015. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

CaseChat Overview and Summary

In the matter of Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, an application was brought before the Fair Work Commission for approval of the Geiger Electrical Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2015-2018. The dispute centred on whether the proposed agreement met the statutory requirements for an enterprise agreement, specifically under the Fair Work Act 2009. The Commission was tasked with examining the agreement to determine if it complied with the necessary conditions for coverage and fairness.

The legal issues before the Commission included whether the agreement was made in good faith and if it contained the mandated minimum terms and conditions. The Commission had to consider the provisions of the Fair Work Act, particularly those relating to the bargaining process, the inclusion of minimum entitlements, and the avoidance of unfair dismissals. Additionally, the Commission examined whether the agreement was likely to lead to improved productivity, efficiency, and profitability without disadvantaging employees.

The Fair Work Commission determined that the proposed agreement did comply with the statutory requirements. The Commission found that the agreement was made in good faith and contained the necessary minimum terms and conditions. It was concluded that the agreement did not unfairly disadvantage any party and was likely to contribute positively to the enterprise's productivity and efficiency. The Commission approved the agreement, recognising its compliance with the Fair Work Act and its potential benefits for both the employer and the employees.

No further orders were made beyond the approval of the enterprise agreement. The Commission's decision was based on a detailed analysis of the agreement's provisions and its alignment with the statutory framework governing enterprise agreements.

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