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

[2013] FWCA 3110

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
(AG2013/717)

NILSEN (QLD) PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 23 MAY 2013

Application for approval of the Nilsen (Qld) 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 Nilsen (Qld) 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 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 30 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, sought approval of an enterprise agreement with Nilsen (Qld) Pty Ltd for its CEPU Electrical Division employees in Queensland for the period 2012-2015. The application was made to the Fair Work Commission, which exercises federal jurisdiction in industrial matters under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the legal requirements for approval, particularly whether it passed the "better off overall test" that mandates employees be no worse off financially overall under the agreement.

The Commission was tasked with determining if the agreement provided for fair and reasonable terms and conditions, and if the employees would be better off overall when compared to the terms and conditions they would have under the applicable awards. The central issue was whether the proposed changes to pay and conditions were justified and reasonable, considering the nature of the industry and the economic context at the time. The Commission also had to consider if the agreement complied with the relevant industrial laws and if it met the procedural requirements for approval.

The Fair Work Commission found that the proposed agreement met the better off overall test and was fair and reasonable. The Commission was satisfied that the proposed changes to pay and conditions were justified and reasonable, considering the industry context and economic conditions. The Commission also found that the agreement complied with all legal requirements and met the procedural standards for approval. The Commission approved the enterprise agreement, acknowledging the union's and the employer's efforts in reaching a fair and reasonable agreement.

The Fair Work Commission approved the Nilsen (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015, finding it to be fair and reasonable and meeting the better off overall test. The agreement was approved in its entirety, subject to the conditions and provisions outlined in the decision. This outcome provides certainty for the employees and the employer regarding the terms and conditions of employment 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