DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Contract Electrical (Qld) Pty Ltd
(AG2014/10963)

CONTRACT ELECTRICAL (QLD) PTY LTD, T/A CEQ AUSTRALIA ENTERPRISE AGREEMENT - 2014/2018 - ELECTRICAL SERVICE & CONSTRUCTION MINOR WORKS

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 13 JANUARY 2015

Application for approval of the Contract Electrical (Qld) Pty Ltd, T/A CEQ Australia Enterprise Agreement - 2014/2018 - Electrical Service & Construction Minor Works.

[1] An application has been made for approval of an enterprise agreement known as the Contract Electrical (Qld) Pty Ltd, T/A CEQ Australia Enterprise Agreement - 2014/2018 - Electrical Service & Construction Minor Works (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

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

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1) it will operate from 20 January 2015. The nominal expiry date of the Agreement is 1 July 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Contract Electrical (Qld) Pty Ltd, trading as CEQ Australia, sought approval from the Fair Work Commission for an enterprise agreement. The agreement in question, titled Electrical Service & Construction Minor Works, covered the period from 2014 to 2018. The application was brought before the Commission to determine whether the proposed agreement met the legal requirements and could be approved.

The primary legal issues revolved around whether the agreement was made in good faith, whether it adhered to the requirements of the Fair Work Act 2009, and whether it provided for the fair and equitable treatment of employees. Additionally, the court needed to consider if the agreement complied with the Commission's guidelines and was consistent with the broader objectives of industrial relations law.

In its decision, the Fair Work Commission examined the terms of the agreement, the process through which it was negotiated, and the evidence presented regarding its fairness and compliance. The Commission concluded that the agreement met the necessary criteria for approval. It found that the agreement was made in good faith and adhered to the statutory requirements, ensuring the fair and equitable treatment of employees. Furthermore, the Commission confirmed that the agreement was consistent with the broader objectives of the Fair Work Act.

The Fair Work Commission approved the proposed enterprise agreement, noting its compliance with the legal standards and its alignment with the principles of good faith bargaining and equitable treatment. The decision provides a clear framework for the terms of employment within the specified period, subject to the provisions set out in the agreement.

Contract Electrical (Qld) 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