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

[2013] FWCA 8782

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
(AG2013/9653)

PREMIER FIRE PTY LTD FIRE ELECTRICAL CONTRACTING DIVISION & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 8 NOVEMBER 2013

Application for approval of the Premier Fire Pty Ltd Fire Electrical Contracting Division & CEPU Electrical Division Queensland Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known asthe Premier Fire Pty Ltd Fire Electrical Contracting Division & CEPU Electrical Division Queensland Enterprise Agreement 2013-2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Communications, Electrical Electronic Energy Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division) (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Communications, Electrical Electronic Energy Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division) (the CEPU)have given notice under s.183 of the Act that they wish to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 30 June 2016.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Premier Fire Pty Ltd. The dispute was regarding the application for approval of the Premier Fire Pty Ltd Fire Electrical Contracting Division & CEPU Electrical Division Queensland Enterprise Agreement 2013-2016. The matter was heard in the Fair Work Commission.

The primary legal issue that the court had to decide was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The court was required to examine the terms and conditions of the agreement, and determine whether they were consistent with the provisions of the Act. The court also had to consider whether the agreement would have a detrimental effect on the employees, and whether it complied with the good faith bargaining requirement.

The court found that the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The court noted that the agreement contained provisions that were consistent with the provisions of the Act, and that it did not have a detrimental effect on the employees. The court also found that the agreement was the result of good faith bargaining between the parties. As a result, the court approved the application for the agreement to be registered.

The Fair Work Commission approved the application for the Premier Fire Pty Ltd Fire Electrical Contracting Division & CEPU Electrical Division Queensland Enterprise Agreement 2013-2016 to be registered. The agreement was registered on 30 June 2013 and will remain in force until 29 June 2016, unless terminated earlier in accordance with its provisions.

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established