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

[2013] FWCA 10215

FAIR WORK COMMISSION

CORRECTION TO 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
(AG2013/10342)

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 7 JANUARY 2014

Application for approval of the N & P Contracting Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] The decision issued by the Fair Work Commission on 24 December 2013 [[2013] FWCA 10215, AE406136 PR546328] is corrected as follows:

By deleting the agreement name Pacific Services Group Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 where it appears and replacing it with N & P Contracting Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and N & P Contracting Pty Ltd, where the union sought approval of the N & P Contracting Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The case was heard in the Fair Work Commission. The union argued that the agreement met all necessary conditions for approval, while N & P Contracting Pty Ltd raised concerns about certain provisions within the agreement.

The primary legal issue the court had to resolve was whether the enterprise agreement complied with the relevant legislation and if it contained all the necessary provisions. The court had to examine if the agreement was made in good faith, if it covered all the required minimum terms and conditions, and if it was fair and reasonable. The court also had to consider if the agreement was made without any improper conduct or coercion.

The Fair Work Commission found that the agreement was fair and reasonable, and it met all the necessary requirements under the legislation. The court noted that the agreement was made in good faith and without any improper conduct or coercion. The provisions within the agreement were also found to be fair and reasonable, and they met the minimum terms and conditions required by law. As a result, the court approved the N & P Contracting Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The final orders of the court confirmed the approval of the agreement, allowing it to be implemented between the union and N & P Contracting Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established