DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Condamine Electric Company Pty Ltd
(AG2016/1345)

CONDAMINE ELECTRIC COMPANY DRNQ AGREEMENT 2016

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 4 JULY 2016

Application for approval of the Condamine Electric Company DRNQ Agreement 2016.

[1] An application has been made for approval of an enterprise agreement known as the Condamine Electric Company DRNQ Agreement 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Condamine Electric Company Pty Ltd. 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 July 2016. The nominal expiry date of the Agreement is 4 July 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Condamine Electric Company Pty Ltd, sought approval from the Fair Work Commission of the Condamine Electric Company DRNQ Agreement 2016. This agreement was intended to replace an existing enterprise agreement. The application was contested by the Queensland Trades and Labour Council, which raised concerns about the proposed changes to the employees' conditions of employment.

The central legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided a safety net of minimum wages and conditions and whether it was free from prohibited content. The Commission also considered whether the agreement had been made in good faith and if the applicant had taken reasonable steps to ensure that the agreement was agreed upon by the relevant employees.

In its decision, the Fair Work Commission found that the proposed agreement did provide a safety net of minimum wages and conditions and did not contain any prohibited content. The Commission also concluded that the agreement had been made in good faith and that the applicant had taken reasonable steps to ensure that it was agreed upon by the relevant employees. The Commission approved the application, and the Condamine Electric Company DRNQ Agreement 2016 was registered.

The Fair Work Commission's decision was based on a careful consideration of the evidence and arguments presented by both parties. The Commission found that the proposed agreement was fair and reasonable and provided an appropriate balance between the interests of the employer and the employees. The Commission also noted that the agreement had been negotiated in a transparent and open manner, which was a positive factor in its decision to approve the agreement.

Condamine Electric Company Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established