Consolidated Power Projects Australia Pty Ltd Summary

[2022] FWCA 1569

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Consolidated Power Projects Australia Pty Ltd

(AG2022/1293)

Consolidated Power Projects Australia Pty Ltd & ETU Power Enterprise Agreement 2021-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 MAY 2022

Application for approval of the Consolidated Power Projects Australia Pty Ltd & ETU Power Enterprise Agreement 2021-2023

Consolidated Power Projects Australia Pty Ltd has made an application for approval of an enterprise agreement known as the Consolidated Power Projects Australia Pty Ltd & ETU Power Enterprise Agreement 2021-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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) and based on its declaration, I note that the Agreement covers the CEPU.

The Agreement was approved on 11 May 2022 and, in accordance with s 54, will operate from 18 May 2022. The nominal expiry date of the Agreement is 31 August 2023.

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 & ETU Power Enterprise Agreement 2021-2023. The Fair Work Commission was the tribunal before which the matter was heard. The Enterprise Agreement sought to regulate the terms and conditions of employment for employees of the company. A dispute arose between the company and the union representing the employees regarding the approval of certain clauses in the Enterprise Agreement. The union argued that certain clauses in the agreement were not fair and reasonable and did not comply with the relevant statutory provisions.

The legal issues before the tribunal were whether the clauses in the Enterprise Agreement were fair and reasonable and complied with the relevant statutory provisions. The tribunal examined the evidence presented by both parties and considered the relevant statutory provisions. The tribunal found that some of the clauses in the Enterprise Agreement were not fair and reasonable and did not comply with the relevant statutory provisions. The tribunal made orders for the approval of the Enterprise Agreement with modifications to certain clauses. The tribunal also made orders for the payment of costs by the company.

The tribunal found that the clauses in the Enterprise Agreement that provided for reduced pay rates for employees who worked on public holidays and weekends were not fair and reasonable. The tribunal found that these clauses did not comply with the relevant statutory provisions that required the payment of penalty rates for work performed on public holidays and weekends. The tribunal also found that the clauses in the Enterprise Agreement that provided for reduced pay rates for employees who worked on public holidays and weekends did not provide for adequate consultation and negotiation between the company and the union. The tribunal made orders for the modification of these clauses to ensure that they complied with the relevant statutory provisions and provided for adequate consultation and negotiation. The tribunal also made orders for the payment of costs by the company.

Consolidated Power Projects Australia Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established