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

[2013] FWCA 1459

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
(AG2013/381)

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

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 11 MARCH 2013

Application to approve the Klenner Murphy Electrical 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 Klenner Murphy Electrical 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 ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] The CEPU, 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 18 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 an application to the Fair Work Commission to approve the Klenner Murphy Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The applicants were the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Klenner Murphy Electrical Pty Ltd. The dispute centred around whether the agreement met the necessary requirements for approval under the Fair Work Act 2009. The applicants argued that the agreement was appropriate and in the interests of the employees and employers involved, while no objections were raised against the application.

The primary legal issue before the Commission was whether the agreement was a "contemporary and fair" document, which is a statutory requirement for enterprise agreements under the Fair Work Act. The Commission needed to assess whether the agreement complied with the mandatory provisions of the Act, including the requirement that the agreement provides for the safety and welfare of employees, and whether it contained unfair provisions. Additionally, the Commission needed to consider whether the agreement had been made in good faith and whether it was a genuine agreement between the parties.

The Fair Work Commission found that the agreement was a fair and contemporary document, meeting all the statutory requirements for approval. The Commission determined that the agreement provided for the safety and welfare of employees and did not contain any unfair provisions. It was also established that the agreement had been made in good faith and was a genuine agreement between the parties. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Klenner Murphy Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. This decision ensures that the terms and conditions of employment for the employees in the relevant industry are governed by the agreed-upon provisions, promoting a fair and balanced relationship between the employers and 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