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

[2013] FWCA 4779

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
(AG2013/7447)

ADELAIDE CENTRAL ELECTRICAL; ENTERPRISE AGREEMENT 2013-2016

Electrical contracting industry
SENIOR DEPUTY PRESIDENT O'CALLAGHAN	ADELAIDE, 18 JULY 2013

Application for approval of the Adelaide Central Electrical; Enterprise Agreement 2013-2016.

[1] An application has been made for approval of an enterprise agreement known as the Adelaide Central Electrical; 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 Adelaide Central Electrical. 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 26 July 2013. The nominal expiry date of the Agreement is 31 August 2016.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, which sought approval for the Adelaide Central Electrical Enterprise Agreement 2013-2016. The application was lodged with the Fair Work Commission, which referred the matter to the Federal Court of Australia for determination. The dispute centred around whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable, while the respondents contested certain provisions.

The primary legal issues that the court had to address were whether the agreement contained terms that were not genuinely agreed upon, whether the agreement included terms that were discriminatory or unfair, and whether the agreement was procedurally valid. The court also had to consider whether the agreement complied with the provisions of the Fair Work Act 2009, including the requirement that it provide for the proper operation of the enterprise and the protection of employees' interests.

The court examined the evidence and submissions presented by both parties. It concluded that the agreement was procedurally valid and that the terms were genuinely agreed upon by the parties. The court found that the agreement was fair and reasonable and did not include any discriminatory or unfair terms. The court was satisfied that the agreement provided for the proper operation of the enterprise and the protection of employees' interests. Consequently, the court approved the Adelaide Central Electrical Enterprise Agreement 2013-2016.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established