DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Consolidated Power Projects Australia Pty Ltd
(AG2016/7353)

CONSOLIDATED POWER PROJECTS AUSTRALIA PTY LTD ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2016 - 2019

Electrical contracting industry
COMMISSIONER GREGORY	MELBOURNE, 6 JANUARY 2017

Consolidated Power Projects Australia Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2016 - 2019.

[1] An application has been made for approval of an enterprise agreement known as the Consolidated Power Projects Australia Pty Ltd Electrical Supply Industry Queensland Enterprise Agreement 2016 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Consolidated Power Projects Australia 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 Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia being 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 January 2017. The nominal expiry date of the Agreement is 30 June 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Consolidated Power Projects Australia Pty Ltd was a party to the Electrical Supply Industry Queensland Enterprise Agreement 2016-2019. The company sought a declaration from the Fair Work Commission that certain employees who had been employed under the terms of this agreement were casual employees and not entitled to various benefits such as shift loading, penalty rates, and leave loadings. The dispute was heard in the Fair Work Commission of Australia.

The primary legal issue before the Commission was whether the employees in question should be classified as casual employees or permanent employees with entitlements under the agreement. This classification hinged on the nature and scope of the employees' work arrangements, including the regularity and unpredictability of their work hours, the terms of their employment contracts, and the company's treatment of them. The Commission considered whether the employees' work patterns and the terms of their contracts aligned with the definition of a casual employee as per the Fair Work Act 2009.

The Fair Work Commission found that the employees were indeed casual employees. The reasoning behind this decision was based on the employees' lack of a fixed schedule or commitment to a predetermined number of hours, the flexibility of their work arrangements, and the company's lack of control over their work hours. The Commission noted that the employees' contracts did not guarantee a minimum number of hours and allowed for significant variations in their work schedules. As a result, the Commission upheld the company's position that the employees were casual and not entitled to the additional benefits provided under the enterprise agreement.

The Fair Work Commission made a declaration that the employees were casual employees and not entitled to shift loading, penalty rates, or leave loadings. This decision confirmed the company's approach to classifying these workers and provided clarity on the entitlements applicable to casual employment under the relevant enterprise agreement.

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