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

[2014] FWCA 30

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
(AG2013/10409)

BLUE STAR PACIFIC PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 JANUARY 2014

Application for approval of the Blue Star Pacific 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 Blue Star Pacific 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 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 9 January 2014. The nominal expiry date of the Agreement is 30 August 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the Blue Star Pacific Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The application was brought by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), which sought to have the enterprise agreement approved as a registered agreement under the Fair Work Act 2009. The applicant argued that the agreement provided for fair and reasonable terms and conditions of employment, including provisions on pay rates, working hours, leave entitlements, and dispute resolution mechanisms. The applicant also contended that the agreement had been fairly negotiated and that it met the requirements for approval under the Act.

The legal issues before the Commission involved determining whether the agreement contained all the mandated terms and conditions, whether it provided for fair and reasonable terms and conditions of employment, and whether it had been fairly negotiated. The Commission had to examine the provisions of the agreement and consider whether they complied with the requirements of the Act, including the mandated terms and conditions set out in the Fair Work Act and the Fair Work Regulations. The Commission also had to assess whether the agreement met the "better off overall test," which required that the agreement be at least as favourable to the employees as the applicable award or other relevant agreement.

In reaching its decision, the Commission considered the evidence and submissions provided by the parties, including the terms of the agreement, the bargaining process, and the views of the employees. The Commission found that the agreement contained all the mandated terms and conditions and that it provided for fair and reasonable terms and conditions of employment. The Commission also concluded that the agreement had been fairly negotiated and that it met the "better off overall test." The Commission approved the agreement as a registered agreement under the Act, subject to certain modifications to address minor technical issues. The applicant's application was therefore successful, and the agreement was registered as a registered 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