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

[2013] FWCA 782

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
(AG2013/148)

EC & M LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 5 FEBRUARY 2013

Application for approval of the EC & M Limited and CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for approval of a greenfields agreement known as the EC & M Limited and 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) by Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

[2] On the basis of the material before me, 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.

[3] The Agreement is approved and, in accordance with s.54, will operate from 12 February 2012. 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia applied to the Fair Work Commission for approval of the EC & M Limited and CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The application was opposed by EC & M Limited. The primary issue for the Commission was whether the agreement provided for the compulsory resolution of all disputes between the parties, and the compulsory resolution of all employee disputes, in the prescribed manner. The Union argued that the agreement contained a dispute resolution clause that satisfied the legal requirements for compulsory dispute resolution, and that the clause was not invalidated by any other provisions in the agreement. EC & M Limited contended that the agreement failed to provide for the compulsory resolution of disputes in the prescribed manner, because it did not expressly state that the agreement would prevail over any inconsistent provision in any other agreement, and because it contained a provision that allowed the parties to agree to refer any dispute to mediation or conciliation before taking any industrial action.

The Fair Work Commission found that the agreement did not provide for the compulsory resolution of all disputes between the parties, and the compulsory resolution of all employee disputes, in the prescribed manner. The Commission held that the agreement did not expressly state that it would prevail over any inconsistent provision in any other agreement, and that the provision allowing the parties to agree to refer any dispute to mediation or conciliation before taking any industrial action was inconsistent with the requirement for compulsory dispute resolution. The Commission also held that the agreement did not contain a dispute resolution clause that satisfied the legal requirements for compulsory dispute resolution. The Commission refused to approve the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established