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

[2013] FWCA 1567

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
(AG2013/416)

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

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 14 MARCH 2013

Application for approval of the LCE Queensland 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 (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 involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEEPIU) and LCE Queensland Pty Ltd, with the dispute centred around the approval of the CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The Fair Work Commission (FWC) was the tribunal tasked with resolving this issue.

The primary legal issues the FWC needed to address were whether the proposed enterprise agreement met the Fair Work Act 2009's requirements for approval, particularly in terms of ensuring that it provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements for approval. This involved examining if the agreement was genuinely negotiated and if it contained all necessary terms and conditions.

The FWC found that the agreement was genuinely negotiated and contained all required terms and conditions. The commission acknowledged the parties' efforts in reaching an agreement that balanced the interests of both employers and employees. It also found that the agreement provided for fair and reasonable terms and conditions and met the statutory criteria for approval. Consequently, the FWC approved the enterprise agreement.

The FWC issued an order approving the CEPU Electrical Division Queensland Enterprise Agreement 2012-2015, thereby resolving the dispute between the union and the employer. This approval ensured that the agreement could be implemented, providing a framework for the terms and conditions of employment for the relevant employees.

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