| [2023] FWCA 821 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Contract Electrical (Central Qld) Pty Ltd
(AG2023/570)
CONTRACT ELECTRICAL (CENTRAL QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019-2023
| Electrical contracting industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 17 MARCH 2023 |
Application for approval of the Contract Electrical (Central Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023
Contract Electrical (Central Qld) Pty Ltd has made an application for approval of an enterprise agreement known as the Contract Electrical (Central Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 (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), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by 201(2), I note that the Agreement covers the CEPU.
The Agreement was approved on 17 March 2023 and, in accordance with s 54, it will operate from 24 March 2023. The nominal expiry date of the Agreement is 31 July 2023.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE519502 PR760379>
- AGLC
- Contract Electrical (Central Qld) Pty Ltd [2023] FWCA 821
- Case
- [2023] FWCA 821
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the agreement met the statutory requirements for enterprise agreements under the Fair Work Act 2009 and if it had been negotiated in good faith. The court had to consider if the agreement complied with the provisions regarding minimum entitlements, if it was fairly and genuinely negotiated, and if it was likely to achieve a better outcome for the employees involved. Additionally, the court assessed whether the agreement met the requirements for a "single, integrated" agreement, which is necessary for an enterprise agreement to be approved.
The court determined that the agreement satisfied the statutory requirements for enterprise agreements and had been negotiated in good faith. It found that the agreement met the minimum entitlements set out in the Fair Work Act and that the negotiation process was genuine and fair. The court also concluded that the agreement was likely to achieve a better outcome for the employees involved and that it was a single, integrated agreement. As a result, the court approved the Contract Electrical (Central Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023.
The final orders of the court were to approve the enterprise agreement, which will now be in effect for the specified period. The approval means that the terms and conditions outlined in the agreement will govern the employment relationship between the parties, and it will be enforceable against both the employer and employees. This decision provides clarity and certainty for both parties regarding their rights and obligations under the enterprise agreement.
Orders
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Background
Background to the litigation
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Evidence
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Ratio Decidendi
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