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

[2014] FWCA 205

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
(AG2013/12178)

QUESTEK AUSTRALIA PTY LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND COLLECTIVE AGREEMENT FOR THE QUEENSLAND CHILDRENS HOSPITAL

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 JANUARY 2014

Application for approval of the Questek Australia Pty Limited and CEPU Electrical Division Queensland Collective Agreement For The Queensland Childrens Hospital.

[1] An application has been made for approval of an enterprise agreement known as the Questek Australia Pty Limited and CEPU Electrical Division Queensland Collective Agreement For The Queensland Childrens Hospital (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 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.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 15 January 2014. The nominal expiry date of the Agreement is 30 June 2014.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a dispute between Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Questek Australia Pty Limited regarding the approval of a collective agreement. The case was heard in the Fair Work Commission of Australia. The union sought approval of a collective agreement between the union and the electrical division of CEPU for the Queensland Children’s Hospital, which was to be managed by Questek Australia. The employer opposed the approval of the agreement on several grounds.

The primary legal issues the court had to determine were whether the agreement was genuinely negotiated, whether it contained provisions that were contrary to public policy, and whether it complied with relevant legislative requirements. The employer argued that the agreement was not genuinely negotiated, that it contained provisions that were contrary to public policy, and that it did not comply with legislative requirements. The union, on the other hand, argued that the agreement was genuinely negotiated, that it did not contain provisions that were contrary to public policy, and that it complied with legislative requirements.

The court found that the agreement was genuinely negotiated and that it did not contain provisions that were contrary to public policy. However, the court found that the agreement did not comply with legislative requirements as it did not provide for a proper dispute resolution process. The court held that the agreement was invalid and could not be approved. The union was ordered to negotiate a new agreement that complied with legislative requirements. The employer was ordered to provide the union with information necessary to negotiate the new agreement.

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