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

[2013] FWCA 8753

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
(AG2013/9953)

SUN ELECTRICAL PTY LTD (ACN 135 968 802) AND THE TRUSTEE FOR THE ROSS FAMILY TRUST (ABN 58 748 087 449) & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 8 NOVEMBER 2013

Application for approval of the Sun Electrical Pty Ltd (ACN 135 968 802) and The Trustee for The Ross Family Trust (ABN 58 748 087 449) & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Sun Electrical Pty Ltd (ACN 135 968 802) and The Trustee for The Ross Family Trust (ABN 58 748 087 449) & 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 15 November 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 matter involved an application for approval of an enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Sun Electrical Pty Ltd and The Trustee for The Ross Family Trust. The application was heard in the Fair Work Commission. The union sought approval of the CEPU Electrical Division Queensland Enterprise Agreement 2012-2015, which was to apply to employees who were members of the union employed by the companies.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "better off overall test" (BOOT) agreement, meaning that it provided employees with a benefit that was, on balance, better than what they would have received under the applicable award or safety net minimum terms and conditions. The Commission also needed to consider whether the agreement contained any terms that were contrary to public policy or not genuinely agreed upon by the parties.

In deciding the matter, the Commission considered the evidence provided by both the union and the employers, as well as the relevant legal principles. The Commission found that the agreement met the BOOT requirement and did not contain any terms that were contrary to public policy. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that the employees had been adequately informed of the terms of the agreement. The Commission also found that the agreement contained appropriate dispute resolution procedures and did not unreasonably restrict the employees' rights.

The Fair Work Commission approved the CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The agreement was registered with the Commission and became legally binding on the parties from the date of registration. The decision provides guidance on the requirements for approving enterprise agreements and the factors that the Commission will consider in making its decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established