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

[2013] FWCA 1566

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
(AG2013/494)

ACSEL QLD PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 14 MARCH 2013

Application for approval of the ACSEL 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 ACSEL 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. (CEPU) The agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CEPU being bargaining a representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 21 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 matter before the court involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the Union) and ACSEL Qld Pty Ltd. The Union sought approval of the CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (the Agreement). The court was asked to determine if the Agreement met the necessary criteria for approval under the relevant legislation. The application was brought before the Australian Industrial Relations Commission.

The central legal issue was whether the Agreement was in the public interest and whether it met the requirements for approval under the relevant industrial relations legislation. This included assessing whether the Agreement provided for the appropriate balance between the interests of the employees and employers, and whether it provided for fair and reasonable terms and conditions of employment. The court also needed to consider whether the Agreement had been made in accordance with the relevant industrial relations processes.

In its decision, the court found that the Agreement was in the public interest and met the criteria for approval. The court noted that the Agreement provided for a fair and reasonable balance between the interests of the employees and employers, and that it provided for appropriate terms and conditions of employment. The court also found that the Agreement had been made in accordance with the relevant industrial relations processes. As a result, the court approved the Agreement.

The court's approval of the Agreement means that it is now legally binding on the parties and can be enforced as a contract. The Union and ACSEL Qld Pty Ltd are now bound by the terms of the Agreement, which sets out the rights and obligations of both parties in relation to employment conditions and industrial relations matters.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established