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

[2013] FWCA 7646

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
(AG2013/2659)

B.I.L ELECTRICAL & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 1 OCTOBER 2013

Application for approval of the B.I.L Electrical & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe B.I.L Electrical & 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). It has been made by the Communications, Electrical Electronic Energy Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division) (the CEPU) (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) (the Union) 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 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, represented by its members, brought an application before the Fair Work Commission for the approval of the B.I.L Electrical & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The respondents to the application were the employers represented by B.I.L Electrical. The primary dispute centred on whether the enterprise agreement in question was in compliance with the statutory requirements under the Fair Work Act 2009, particularly concerning the processes for its approval and the rights of employees to be fairly represented.

The court had to determine if the enterprise agreement was made in accordance with the relevant provisions of the Fair Work Act, including whether the agreement had been negotiated in good faith and whether the appropriate processes were followed for its approval. Additionally, the court had to assess whether the agreement adequately protected the interests of the employees, particularly those who had not explicitly opted into the agreement but were covered by its terms.

In rendering its decision, the Fair Work Commission found that the agreement had been made in good faith and that the necessary processes for its approval had been followed. The Commission emphasised that the agreement contained provisions that were not only fair but also beneficial to the employees, despite the fact that some employees had not expressly opted into the agreement. The Commission concluded that the enterprise agreement was compliant with the statutory requirements and approved it accordingly.

The final orders of the Commission were that the B.I.L Electrical & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 be approved as a registered agreement under the Fair Work Act. This approval meant that the agreement would now be enforceable and binding on all parties covered by its terms, including those who had not expressly opted in.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established