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

[2014] FWCA 6140

FAIR WORK COMMISSION

DECISION

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

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2014/7257)

RITZ ELECTRICAL SERVICES PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 5 SEPTEMBER 2014

Application for approval of the Ritz Electrical Services Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Ritz Electrical Services Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 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 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.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 12 September 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and Ritz Electrical Services Pty Ltd. The Union had applied for the approval of the Enterprise Agreement between the CEPU Electrical Division Queensland and Ritz Electrical Services Pty Ltd for the period of 2012 to 2015. The application was heard by the Fair Work Commission, which is the relevant court for such matters.

The legal issues that the court was required to decide centred on whether the Enterprise Agreement complied with the relevant legislative provisions. Specifically, the court needed to determine if the agreement was made in good faith, if it contained the minimum terms and conditions as required by the Fair Work Act, and if it was in the best interests of the employees. Additionally, the court had to consider if the agreement had been properly negotiated and if the process followed was in accordance with the law.

In its reasoning, the court examined the terms and conditions of the agreement, the negotiation process, and the compliance with the relevant legislation. The court found that the agreement was made in good faith and that it contained the minimum terms and conditions as required by the Fair Work Act. The court also determined that the agreement was in the best interests of the employees and that the negotiation process was proper and in accordance with the law. As a result, the court approved the Enterprise Agreement.

The court's final order was that the Enterprise Agreement between the CEPU Electrical Division Queensland and Ritz Electrical Services Pty Ltd for the period of 2012 to 2015 was approved. This decision meant that the agreement could be implemented, and the terms and conditions it contained would apply to the employees during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established