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

[2013] FWCA 5602

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
(AG2013/7877)

COMBINED FIRE SYSTEMS PTY LTD AND CEPU ELECTRICAL CONTRACTING SINGLE ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 13 AUGUST 2013

Application for approval of the Combined Fire Systems Pty Ltd and CEPU Electrical Contracting Single Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Combined Fire Systems Pty Ltd and CEPU Electrical Contracting Single 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 (CEPU) and Combined Fire Systems Pty Ltd. 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 as are relevant to this application for approval have been met.

[3] The 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. 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 21 August 2013. The nominal expiry date of the Agreement is 30 June 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Combined Fire Systems Pty Ltd. The union sought approval of the Combined Fire Systems Pty Ltd and CEPU Electrical Contracting Single Enterprise Agreement 2013-2016, which was intended to regulate the employment terms and conditions of certain workers. The dispute centred on whether the agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The case was heard by the Fair Work Commission, which had jurisdiction to decide on the application for approval of the enterprise agreement.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval. This included examining whether the agreement was a single enterprise agreement, whether it contained the necessary minimum terms and conditions, and whether it had been made in good faith. Additionally, the Commission had to consider whether the agreement provided appropriate mechanisms for the resolution of workplace disputes. The union and the employer presented arguments and evidence to support their respective positions on these matters.

In its decision, the Commission found that the proposed agreement did not meet the statutory requirements for approval. The Commission held that the agreement was not a single enterprise agreement as it did not cover all employees of Combined Fire Systems Pty Ltd who were eligible to be covered by the agreement. Furthermore, the Commission determined that the agreement failed to provide for minimum terms and conditions in relation to wages and conditions of employment, as required by the Fair Work Act. The Commission also found that the agreement did not include appropriate mechanisms for the resolution of workplace disputes. Consequently, the Commission declined to approve the agreement.

The Fair Work Commission ordered that the application for approval of the Combined Fire Systems Pty Ltd and CEPU Electrical Contracting Single Enterprise Agreement 2013-2016 be dismissed. The Commission directed the parties to negotiate in good faith with a view to reaching an agreement that complied with the statutory requirements. This decision underscored the importance of ensuring that enterprise agreements meet the necessary legal standards to protect the rights of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established