DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Contract Electrical (Central Qld) Pty Ltd T/A CEQ Mechanical Electrical
(AG2017/4827)

CONTRACT ELECTRICAL (CENTRAL QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER LEE	SYDNEY, 8 FEBRUARY 2018

Application for approval of the Contract Electrical (Central Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Contract Electrical (Central Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Contract Electrical (Central Qld) Pty Ltd T/A CEQ Mechanical Electrical. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.
[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 February 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Contract Electrical (Central Qld) Pty Ltd, trading as CEQ Mechanical Electrical, and the CEPU Electrical Division Queensland. The applicant, Contract Electrical, sought to have the enterprise agreement, which was entered into between the employer and the union representing the employees, approved by the Fair Work Commission. The dispute centred on the compliance of the agreement with relevant industrial laws and the fairness of the terms proposed.

The primary legal issues before the court were whether the enterprise agreement complied with the statutory requirements under the Fair Work Act 2009 and whether the agreement was fair and reasonable. The court had to consider whether the agreement was genuinely negotiated, if it covered the appropriate bargaining unit, and whether it included all the necessary provisions as stipulated by the Act. Additionally, the court needed to assess if the terms of the agreement were fair and reasonable, taking into account the interests of both the employer and the employees.

In delivering the decision, the court examined the negotiation process and the content of the agreement. The court found that the agreement had been genuinely negotiated between the parties and that it covered the appropriate bargaining unit. The court also determined that the agreement included all the necessary provisions as required by the Fair Work Act 2009. Furthermore, the court concluded that the terms of the agreement were fair and reasonable, considering the interests of both the employer and the employees. As a result, the court approved the enterprise agreement.

The court's approval of the enterprise agreement meant that the terms and conditions set out in the agreement would be binding on the employer and the employees covered by the agreement. The court's decision provided certainty and stability for both parties, ensuring that the agreement would be implemented as intended.

Contract Electrical (Central Qld) Pty Ltd T/A CEQ Mechanical Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established