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

[2013] FWCA 3279

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
(AG2013/1228)

IMPULSE DATA ELECTRICAL SERVICES PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 24 MAY 2013

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

[1] An application has been made for approval of an enterprise agreement known as the Impulse Data Electrical Services 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 31 May 2013. 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 applicant union, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, applied to the Fair Work Commission for approval of the Impulse Data Electrical Services Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. Impulse Data Electrical Services Pty Ltd, the respondent, opposed the application on the basis that the agreement did not meet the requirements for approval. The case was heard by the Fair Work Commission, with Deputy President S M D Scott presiding. The central legal issue was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the respondent argued that the agreement was not in writing, as required by section 227 of the Act, and that it did not meet the requirements for "enterprise agreement" as defined by section 172 of the Act. The Commission considered whether the agreement was in writing and whether it contained the necessary provisions to be considered a valid enterprise agreement. The Commission found that the agreement was indeed in writing and contained the necessary provisions, including the terms and conditions of employment for the employees covered by the agreement. Deputy President Scott concluded that the agreement met the requirements for approval under the Act. The Fair Work Commission approved the enterprise agreement, finding that it met the statutory requirements for approval. The respondent's objections were dismissed. The decision was made on the basis that the agreement was in writing and contained the necessary provisions, including the terms and conditions of employment for the employees covered by the agreement.

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