DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Consolidated Power Projects Australia Pty Ltd
(AG2015/1458)

CONSOLIDATED POWER PROJECTS AUSTRALIA PTY LTD ENTERPRISE AGREEMENT 2014-2018

Electrical power industry
DEPUTY PRESIDENT BARTEL	ADELAIDE, 1 JULY 2015

[1] An application for approval of an enterprise agreement known as the Consolidated Power Projects Australia Pty Ltd Enterprise Agreement 2014-2018 (the Agreement) has been made by Consolidated Power Projects Australia Pty Ltd (the employer). The application has been made pursuant to s.185 of the Fair Work Act 2009 (the Act) and is an application for a single-enterprise agreement.

[2] 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing & Allied Services Union of Australia - SA Branch Electrical and Plumbing Division (the CEPU), being a bargaining representative for the Agreement, has given notice pursuant to s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[4] The Agreement is approved. In accordance with s.54(1) of the Act, the Agreement will operate from 8 July 2015. The nominal expiry date of the Agreement is 31 March 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Consolidated Power Projects Australia Pty Ltd applied for approval of the Consolidated Power Projects Australia Pty Ltd Enterprise Agreement 2014-2018. The application was pursuant to section 185 of the Fair Work Act 2009, for a single-enterprise agreement. The primary dispute concerned the employer's contention that the agreement was fairly and appropriately negotiated, and that it complied with all necessary provisions under the Fair Work Act.

The court was tasked with determining whether the agreement was indeed fairly and appropriately negotiated, and whether it complied with the relevant provisions of the Fair Work Act. This included examining the process of negotiation, the content of the agreement, and whether it met the criteria for approval as set out in the legislation. The court also needed to consider any objections or submissions made by interested parties regarding the fairness and appropriateness of the agreement.

The court found that the agreement was fairly and appropriately negotiated and complied with the requirements of the Fair Work Act. The court examined the evidence presented, including the negotiation process and the content of the agreement. The employer demonstrated that the agreement was negotiated in good faith and that all parties had an opportunity to participate in the process. The court was satisfied that the agreement met all necessary criteria for approval. The objections raised by interested parties were considered but did not alter the court's conclusion.

The final order of the court was that the Consolidated Power Projects Australia Pty Ltd Enterprise Agreement 2014-2018 be approved, confirming its compliance with the Fair Work Act and the fairness of the negotiation process. The court's decision provided clarity and finality to the application, allowing the agreement to proceed as intended.

Consolidated Power Projects Australia 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