Contact Electrical Pty Ltd

[2013] FWCA 95

[2013] FWCA 95

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contact Electrical Pty Ltd
(AG2012/8480)

CONTACT ELECTRICAL PTY LTD ENTERPRISE AGREEMENT 2012

Electrical contracting industry
COMMISSIONER RYAN	MELBOURNE, 8 JANUARY 2013

Application for approval of the Contact Electrical Pty Ltd Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the Contact Electrical Pty Ltd Enterprise Agreement 2012 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) and was made by Contact Electrical Pty Ltd. The agreement is a single-enterprise agreement.

[2] The application identified that the Applicant had appointed a Bargaining Representative, James O’Neill & Associates Pty Ltd, and that there was only one Bargaining Representative for employees, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU).  The application was listed for hearing by telephone on 30 October 2012 and I drew to the attention of the Applicant and the Employer and Employee Bargaining Representatives a number of concerns I had in relation to this Agreement.

[3] At the conclusion of the hearing I advised the parties that if the Applicant sought to offer undertakings to the Commission then I was required to seek the views of the Employee Bargaining Representatives.

[4] On 1 November 2012 the Applicant filed with the Commission and served on the CEPU undertakings to address the concerns raised by the Commission.

[5] On 6 November 2011 the CEPU filed with the Commission a detailed submission in which it opposed the approval of the Agreement and sought that the Commission reject the Applicant’s undertakings pursuant to s.190(3)(b).

[6] On 8 November I directed the Applicant to file a response to the CEPU’s submissions by close of business on 13 November 2012. The Applicant’s response submission was filed on 13 November 2012.

[7] On 13 November 2012 my Associate advised the Applicant that one of the offered undertakings did not address the concern of the Commission and the Applicant was offered the opportunity of providing an amended undertaking. The Applicant filed an amended undertaking on 14 November 2012.

[8] The application was subject to a further telephone hearing on 4 December 2012 at which hearing each side pressed their respective position but without drawing the Commission’s attention to any authority which supported the position. I issued directions to the parties to give each side an opportunity to make further submissions and to reply to the submissions of the other side.

[9] The Applicant filed further submissions but the CEPU declined to do so and relied on its original submissions. The CEPU also declined to make any submissions in reply to the Applicant’s further submissions.

[10] I have considered all the submissions made by both parties.

[11] I am satisfied that each of the undertakings offered by the Applicant addresses the concerns I raised.

[12] I do not consider that the undertakings either individually or in combination result in substantial changes to the Agreement. The Applicant relied on the following decisions of Fair Work Australia: Hyatt Ground Engineering P/L Enterprise Agreement [2011] FWA 3527 and in Sitzler Pty Ltd [2012] FWA 2776 and in Lutanda Children Services [2010] FWA 7247. I have had regard to these decisions in coming to my decision.

[13] I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement. Those undertakings have become terms of the Agreement in accordance with s.191(2) of the Act and are appended at Appendix A.

[14] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[15] The Agreement is approved and, in accordance with s.54(1), will operate from 15 January 2013. The nominal expiry date of the Agreement is 30 June 2015.

COMMISSIONER

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