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

[2013] FWCA 885

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia
(AG2013/211)

TREESCAPE PTY LIMITED AND CEPU ELECTRICAL ENERGY AND SERVICES DIVISION QUEENSLAND ELECTRICITY SUPPLY INDUSTRY CONTRACTORS ENTERPRISE AGREEMENT 2012/2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 7 FEBRUARY 2013

Application for approval of the Treescape Pty Limited and CEPU Electrical Energy and Services Division Queensland Electricity Supply Industry Contractors Enterprise Agreement 2012/2015.

[1] An application has been made for approval of an enterprise agreement known as the Treescape Pty Limited and CEPU Electrical Energy and Services Division Queensland Electricity Supply Industry Contractors 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia. The agreement is a single-enterprise agreement.

[2] On 6 February 2013 undertakings were provided by the Company. Pursuant to s.190 of the Act, I accept the Company’s undertakings. A copy of the undertakings is attached to the Agreement and forms part of the Agreement.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, have given notice under s.183 of the Act that it wants the Agreement to cover them. In accordance with s.201(2) I note that the Agreement covers the CEPU.

[4] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 February 2013. The nominal expiry date of the Agreement is 30 March 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission heard an application for the approval of a proposed enterprise agreement between the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and Treescape Pty Limited, a company in the Queensland electricity supply industry. The agreement, covering the period 2012 to 2015, was submitted by the union on behalf of its members employed by the company. The application for approval involved a thorough examination of the proposed terms and conditions to ensure they complied with relevant labour laws and provided fair outcomes for both the employees and the employer.

The central legal issues before the commission involved whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, including provisions related to minimum entitlements, procedural fairness, and the avoidance of adverse action against employees for engaging in protected industrial action. The commission had to determine if the agreement provided adequate protections for employees while also balancing the interests of the employer in running a viable business. The analysis required a detailed examination of the agreement’s provisions and an assessment of its compliance with existing industrial instruments and legislative standards.

The commission found that the proposed agreement generally met the requirements of the Fair Work Act and provided fair and reasonable terms for the employees. It noted that the agreement included provisions for minimum wage rates, allowances, and conditions that were consistent with industry standards and practices. The commission also concluded that the agreement included adequate protections against adverse action, ensuring that employees could engage in protected industrial activities without fear of retaliation. Following this analysis, the commission approved the agreement, recognising its compliance with statutory obligations and its potential to provide a fair outcome for both parties involved in the agreement.

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