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

[2013] FWCA 9321

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
(AG2013/10113)

F.I.P. (QLD) PTY LTD TRADING AS FIRE PROTECTION SPECIALISTS & CEPU ELECTRICAL DIVISION ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	MELBOURNE, 27 NOVEMBER 2013

Application for approval of the F.I.P. (Qld) Pty Ltd trading as Fire Protection Specialists & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the the F.I.P. (Qld) Pty Ltd trading as Fire Protection Specialists & 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 4 December 2013. The nominal expiry date of the Agreement is31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Fire Protection Specialists Pty Ltd (trading as Fire Protection Specialists) concerning the approval of the CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The dispute was heard in the Fair Work Commission, an Australian federal statutory body. The union sought approval of the enterprise agreement, which outlines terms and conditions for employees in the electrical division of the company. Fire Protection Specialists did not oppose the approval but raised concerns regarding specific provisions in the agreement.

The key legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and if the agreement's terms and conditions were fair and reasonable. The Commission had to assess if the agreement met the criteria for approval under the Act, including whether it provided for a safety net of minimum wages and conditions, did not undermine the right to free bargaining, and was free from prohibited content. Additionally, the Commission considered if the agreement provided for a proper balance of rights and obligations between the parties.

The Fair Work Commission found that the proposed enterprise agreement largely complied with the Fair Work Act 2009. The Commission acknowledged that while some provisions raised concerns, they did not fundamentally undermine the safety net or the right to free bargaining. The Commission was satisfied that the agreement provided for a fair and reasonable balance of rights and obligations and did not contain any prohibited content. The Commission approved the enterprise agreement subject to minor modifications to address specific concerns raised during the hearing.

The Fair Work Commission approved the CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 with certain modifications. These modifications were made to address specific concerns regarding particular provisions in the agreement, ensuring compliance with the Fair Work Act 2009. The union and Fire Protection Specialists were directed to implement the approved agreement, which now sets out the terms and conditions for employees in the electrical division of the company.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established