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

[2013] FWCA 4649

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
(AG2013/1650)

BPM ELECTRICAL SERVICES PTY LTD TRADING AS COMBINED ELECTRICAL SERVICES & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 12 JULY 2013

Application for approval of the BPM Electrical Services Pty Ltd trading as Combined Electrical Services & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known asthe BPM Electrical Services Pty Ltd trading as Combined Electrical Services & 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 Communication, Electrical Electronic Energy Information, Postal, Plumbing and Allied Services Union of Australia (Electrical Division) (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 matter before the Fair Work Commission involved an application for the approval of the BPM Electrical Services Pty Ltd trading as Combined Electrical Services & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The dispute arose between the applicant, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), and the employer, BPM Electrical Services Pty Ltd. The union sought to have the enterprise agreement approved under the Fair Work Act 2009, which mandates that such agreements be registered with the Fair Work Commission to be legally binding.

The central legal issue before the commission was whether the enterprise agreement met the requirements for registration as set out in the Fair Work Act. Specifically, the commission needed to determine if the agreement contained the necessary safety net provisions and whether it complied with the procedural requirements for its registration. The commission also considered whether the agreement fairly reflected the bargaining positions of the parties and whether it was made in good faith.

The commission examined the contents of the enterprise agreement and noted that it included provisions that met the safety net entitlements outlined in the Fair Work Act. The agreement contained terms and conditions that were not less favourable than the applicable national workplace determinations. The commission also assessed the procedural fairness of the bargaining process, finding that the agreement was made in good faith and fairly reflected the bargaining positions of both parties. Consequently, the commission concluded that the agreement complied with the statutory requirements and approved its registration.

As a result of the commission's approval, the BPM Electrical Services Pty Ltd trading as Combined Electrical Services & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 was registered. The agreement became a legally binding contract between the employer and the union, governing the terms and conditions of employment for the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established