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

[2013] FWCA 1150

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
(AG2013/263)

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

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 18 FEBRUARY 2013

Application for approval of the TES Mechanical Electrical 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 TES Mechanical Electrical 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 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 26 February 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, and TES Mechanical Electrical Qld Pty Ltd, along with the CEPU Electrical Division Queensland. The union sought approval for the Enterprise Agreement between the parties for the period 2012 to 2015. The case was heard in the Fair Work Commission. The central legal issue before the court was whether the Enterprise Agreement met the necessary requirements for approval under the Fair Work Act 2009. This involved assessing the agreement's compliance with the Act's provisions, including its adherence to minimum entitlements and the process through which it was negotiated.

The court examined the Enterprise Agreement's terms and the process by which it was negotiated to determine if it met the legal criteria for approval. The union argued that the agreement was fair and reasonable and had been negotiated in good faith. The employer, on the other hand, raised concerns about certain provisions of the agreement, suggesting they were not in line with the legal requirements. After careful consideration of the evidence and arguments presented, the court found that the Enterprise Agreement was compliant with the necessary legal standards. The court concluded that the agreement was fair and reasonable, and had been negotiated in good faith. Consequently, the court approved the Enterprise Agreement for the specified period.

In light of the findings, the court approved the Enterprise Agreement between the union and the employer for the period 2012 to 2015. The decision confirmed that the agreement met all the necessary legal requirements and could be implemented as a binding contract between the parties. The approval of the agreement ensured that the terms and conditions outlined within it would be enforceable, providing certainty and stability for both the union and the employer in their future dealings.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established