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

[2013] FWCA 9811

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
(AG2013/10147)

IDT ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 DECEMBER 2013

Approval of the IDT Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the IDT Electrical Pty Ltd and 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 (CEPU), 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 19 December 2013. 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

In this case, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) sought approval of the IDT Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The Fair Work Commission (the Commission) was required to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the interests of the employees. The Union argued that the agreement was fair and reasonable, while IDT Electrical Pty Ltd and CEPU Electrical Division Queensland contended that the agreement contained provisions that were unfair and should be disregarded.

The legal issues before the Commission were whether the agreement contained provisions that were unfair and whether the agreement was in the interests of the employees. The Commission considered the definition of "employee" under the Fair Work Act 2009, whether the agreement met the requirements of the Act, and whether the agreement was in the interests of the employees. The Commission also considered whether the agreement contained provisions that were unfair and whether those provisions should be disregarded.

In delivering its decision, the Commission found that the agreement did not contain any provisions that were unfair and that the agreement was in the interests of the employees. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties and that it met the requirements of the Fair Work Act 2009. The Commission also found that the agreement provided for a fair and reasonable outcome for the employees and that it was in their interests.

The Commission approved the IDT Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015, subject to certain conditions. The Commission noted that the agreement provided for a fair and reasonable outcome for both parties and that it met the requirements of the Fair Work Act 2009. The Commission also found that the agreement was in the interests of the employees and that it provided for a fair and reasonable outcome for them.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established