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

[2013] FWCA 1789

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
(AG2013/608)

BROOKS MARCHANT INDUSTRIES (QLD) PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 22 MARCH 2013

Application for approval of the Brooks Marchant Industries (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 Brooks Marchant Industries (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 - Electrical, Energy and Services Division - Queensland Divisional Branch. 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 the organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 29 March 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 case involves an application by the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia for approval of the Brooks Marchant Industries (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The application was heard by the Fair Work Commission. The central legal issue before the Commission was whether the agreement met the requirements of the Fair Work Act 2009 for approval as a registered agreement.

The Fair Work Commission assessed the agreement against the statutory criteria for registration. The Commission noted that the agreement covered employees who were members of the union and was made in good faith. The Commission further examined the provisions of the agreement, including wages, conditions of employment, dispute resolution mechanisms and other terms and conditions. It found that the agreement contained all the required terms and conditions, was fair and reasonable, and met the statutory requirements. The Commission also noted that the agreement had been negotiated in good faith and provided for an effective dispute resolution process.

Accordingly, the Fair Work Commission approved the agreement. The Commission found that the agreement met all the statutory requirements for registration and was fair and reasonable. The Commission registered the agreement as a registered agreement under the Fair Work Act 2009. This decision provides guidance to unions, employers and employees on the requirements for a registered agreement and the process for approval by the Fair Work Commission.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established