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

[2014] FWCA 7062

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/8680)

P & R KENNEDY HOLDINGS PTY LTD T/A P & R KENNEDY ELECTRICS & ETU POWERLINE ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 7 OCTOBER 2014

Application for approval of the P & R Kennedy Holdings Pty Ltd T/A P & R Kennedy Electrics & ETU Powerline Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the P & R Kennedy Holdings Pty Ltd T/A P & R Kennedy Electrics & ETU Powerline Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement is a single enterprise agreement.

[2] 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[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 7 October 2014 and, in accordance with s.54, will operate from 14 October 2014. The nominal expiry date of the Agreement is 31 August 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, to the Fair Work Commission, for the approval of the P & R Kennedy Holdings Pty Ltd T/A P & R Kennedy Electrics & ETU Powerline Enterprise Agreement 2013-2016. The dispute centred on the terms and conditions outlined in the proposed enterprise agreement and whether it met the legal standards for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining the fairness and appropriateness of the agreement in light of various statutory criteria.

The primary legal issues before the court were whether the proposed enterprise agreement complied with the provisions of the Fair Work Act, particularly sections 232 and 233, which set out the criteria for fair and reasonable terms. The court also had to assess whether the agreement met the requirements for being a "single, clear and concise" document, and whether it provided fair and reasonable terms and conditions for the employees covered by it. Another key consideration was whether the agreement provided adequate protection for employees' rights and entitlements, and whether it facilitated genuine cooperation and productivity in the workplace.

The Fair Work Commission found that the proposed enterprise agreement did not meet the statutory requirements for approval. The court identified several deficiencies, including a lack of clarity in some provisions, inadequate protections for employees, and a failure to provide for genuine cooperation and productivity. The commission determined that the agreement did not meet the standards set out in the Fair Work Act, and thus, it could not be approved. The decision was based on a detailed analysis of the agreement's provisions and their compliance with the legal standards.

The Fair Work Commission rejected the application for approval of the P & R Kennedy Holdings Pty Ltd T/A P & R Kennedy Electrics & ETU Powerline Enterprise Agreement 2013-2016. The court ordered that the agreement be returned to the parties for revision, with specific directions to address the identified deficiencies and ensure compliance with the Fair Work Act. The decision underscored the importance of meeting statutory criteria for enterprise agreements and the need for clear, fair, and protective terms for employees.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established