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

[2013] FWCA 5052

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
(AG2013/1662)

SEQ ELECTRICAL PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 25 JULY 2013

Application for approval of the SEQ Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known asthe SEQ Electrical Pty Ltd & 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 (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)has 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union"), sought approval of the SEQ Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (the "Agreement") in the Fair Work Commission. The dispute involved the terms and conditions of employment for electrical workers in Queensland. The Union argued that the Agreement was suitable for registration under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the Agreement met the requirements for approval under the Fair Work Act, specifically whether it provided for the "best interests" of the employees it covered. The Union contended that the Agreement was in the best interests of the employees as it provided for fair and equitable terms of employment, including provisions for wages, hours of work, and other conditions of employment. The Commission had to determine whether the Agreement met the statutory criteria for approval, including whether it provided for the "best interests" of the employees it covered, and whether it contained any provisions that were contrary to public policy or the spirit of the Fair Work Act.

In considering the application, the Commission examined the terms of the Agreement and the evidence provided by the Union and other parties. The Commission found that the Agreement provided for the "best interests" of the employees it covered, as it provided for fair and equitable terms of employment, including provisions for wages, hours of work, and other conditions of employment. The Commission also found that the Agreement did not contain any provisions that were contrary to public policy or the spirit of the Fair Work Act. Accordingly, the Commission approved the Agreement for registration under the Fair Work Act.

The Fair Work Commission approved the SEQ Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 for registration under the Fair Work Act. The Agreement was registered on 1 July 2012 and will remain in force until 30 June 2015, unless terminated earlier in accordance with its provisions. The registration of the Agreement provides for the terms and conditions of employment for electrical workers in Queensland, and ensures that they are fairly and equitably treated by their employers.

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

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established