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

[2013] FWCA 945

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
(AG2013/249)

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

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 11 FEBRUARY 2013

Q Electrical Services 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 Q Electrical Services 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 Q Electrical Services Pty Ltd. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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 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 case involved the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the "Union") and Q Electrical Services Pty Ltd ("the Employer"). The dispute centred on the interpretation and application of the Queensland Enterprise Agreement 2012-2015 ("the Agreement"). The Union argued that the Employer had breached the Agreement by not following proper procedures when implementing changes to the employees' work arrangements. The case was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the Employer had correctly followed the procedures outlined in the Agreement when altering the employees' work arrangements. Specifically, the Union contended that the Employer failed to consult with the Union as required by the Agreement, and thus the changes were invalid. The Employer argued that it had adhered to the Agreement's terms and that the Union's claims were without merit.

The Commission found that the Employer did not follow the proper procedures as stipulated in the Agreement. The Commission held that the Employer was obligated to consult with the Union before making any changes to the employees' work arrangements. The Commission determined that the Employer's failure to do so rendered the changes invalid. Consequently, the Union's claims were upheld, and the Employer was ordered to reinstate the employees' original work arrangements and consult with the Union in the future.

The Commission's final orders included a direction for the Employer to cease the implementation of the changes to the employees' work arrangements that were found to be in breach of the Agreement. The Employer was also required to consult with the Union before making any further changes to the employees' work arrangements. Additionally, the Employer was ordered to reinstate the employees' original work arrangements and compensate them for any losses incurred as a result of the breach.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established