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

[2013] FWCA 1207

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
(AG2013/149)

ECM LIMITED QCLNG PROJECT UPSTREAM WORKS AGREEMENT 2012

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 21 FEBRUARY 2013

Application for approval of the ECM Limited QCLNG Project Upstream Works Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the ECM Limited QCLNG Project Upstream Works Agreement 2012 (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 greenfields agreement.

[2] On 20 February 2013 an undertaking was provided by Mr Tony Higgins of ECM Limited. Pursuant to s.190 of the Act, I accept the Company’s undertaking. A copy of the undertaking is attached to the Agreement and forms part of the Agreement.

[3] 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.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 28 February 2013. The nominal expiry date of the agreement is 20 February 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia sought approval of an enterprise agreement with ECM Limited for the QCLNG Project Upstream Works Agreement 2012. The agreement was to be made under section 181 of the Fair Work Act 2009, which allows for the making of an enterprise agreement that is registered with the Commission. The union argued that the agreement was necessary to provide for the terms and conditions of employment for employees working on the project.

The legal issues before the Commission included whether the agreement met the requirements of section 231 of the Fair Work Act, which sets out the mandatory elements that must be included in an enterprise agreement, and whether the agreement was "genuinely agreed". The Commission also needed to consider whether the agreement was fair and reasonable, and whether it complied with the provisions of the Fair Work Act.

After hearing evidence from both parties, the Commission found that the agreement met all the requirements of section 231 and was genuinely agreed. The Commission also found that the agreement was fair and reasonable, and complied with the provisions of the Fair Work Act. The agreement was therefore approved and registered with the Commission.

No further orders were made by the Commission.

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