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

[2013] FWCA 2929

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/1048)

ELECTRICAL & PUMPING SERVICES AUSTRALIA PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 10 MAY 2013

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

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 2 May 2013 by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for the approval of a Greenfields agreement known as the Electrical & Pumping Services Australia Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. (“the Agreement”)

[2] Statutory declarations were provided by:

● Mr J Cox, Director Electrical & Pumping Services Australia Pty Ltd, and

Mr K McKenzie, Deputy Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of the statutory declarations and in accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it and that it is in the public interest to approve the Agreement.

[4] 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.

[5] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Electrical & Pumping Services Australia Pty Ltd. The union sought approval of the Electrical & Pumping Services Australia Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The application was brought before the Fair Work Commission.

The primary legal issue before the Commission was whether the terms and conditions of the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum rates of pay and conditions of employment that were no less favourable than the applicable national system awards or safety net awards.

The Fair Work Commission found that the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The Commission noted that the agreement provided for minimum rates of pay and conditions of employment that were at least equal to the applicable national system awards or safety net awards. The Commission also found that the agreement was in the best interests of the employees covered by the agreement. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Electrical & Pumping Services Australia Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established