DECISION

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

Contract Electrical (Qld) Pty Ltd T/A CEQ
(AG2020/3165)

CONTRACT ELECTRICAL (QLD) PTY LTD, T/A CEQ ENTERPRISE AGREEMENT - 2020/2023 - ELECTRICAL SERVICE & CONSTRUCTION

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 12 NOVEMBER 2020

Application for approval of the Contract Electrical (QLD) Pty Ltd trading as CEQ Enterprise Agreement 2020-2023 Electrical Service and Construction.

[1] An application has been made for approval of an enterprise agreement known as the Contract Electrical (Qld) Pty Ltd, T/A CEQ Enterprise Agreement - 2020/2023 - Electrical Service & Construction (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 (Qld) Pty Ltd T/A CEQ. The Agreement is a single enterprise agreement.

[2] The Agreement lodged contained an error at Schedule 1. On 4 November 2020, the Applicant filed an amended version of the Agreement correcting this error. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[3] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] I note that the Notice of Employee Representational Rights provided to employees was not in the prescribed form. 1 Specifically, it is on the Applicant’s letterhead. I am satisfied that in all of the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others,2this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, I am satisfied that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[5] Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[7] The Agreement was approved on 12 November 2020 and, in accordance with s.54, will operate from 19 November 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

1 See section 174(1A) Fair Work Act 2009.; Fair Work Regulations 2009 r 2.1, Scheduled 2.1.

2 [2019] FWCFB 318.

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CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Contract Electrical (Qld) Pty Ltd trading as CEQ, sought approval of the Enterprise Agreement 2020-2023 Electrical Service and Construction. The respondent, Australian Electrical Trade Union, opposed the application on the basis that the agreement did not meet the requirements under the Fair Work Act 2009. The dispute revolved around the provisions of the proposed agreement and whether it complied with the necessary standards for approval under the legislation.

The central legal issue before the Commission was whether the agreement met the criteria set out in section 234 of the Act. Specifically, the Commission had to determine if the agreement contained the minimum terms and conditions, and if it was made in good faith and without coercion. Additionally, the Commission needed to examine if the agreement provided for a fair and efficient resolution of workplace issues.

The Commission reviewed the provisions of the agreement and the submissions from both parties. The applicant argued that the agreement was made in good faith and without coercion, and that it contained the minimum terms and conditions required by the Act. The respondent contended that the agreement did not provide adequate protections for employees and did not meet the requirements for approval. After considering the evidence and submissions, the Commission found that the agreement did not meet the necessary standards for approval. The Commission highlighted several deficiencies in the agreement, including inadequate provisions for dispute resolution and a lack of protections for employees. Consequently, the Commission refused to approve the agreement under section 242 of the Act. The applicant's application for approval of the Enterprise Agreement 2020-2023 Electrical Service and Construction was dismissed.

Contract Electrical (Qld) Pty Ltd T/A CEQ

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established