DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Copper Core Installations Pty Ltd
(AG2019/2338)

COPPER CORE INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER BISSETT	MELBOURNE, 31 JULY 2019

Application for approval of the COPPER CORE INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023.

[1] An application has been made for approval of an enterprise agreement known as the COPPER CORE INSTALLATIONS PTY LTD ENTERPRISE AGREEMENT 2019 - 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Copper Core Installations Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 August 2019. The nominal expiry date of the Agreement is 30 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Copper Core Installations Pty Ltd applied to the Fair Work Commission for the approval of the Copper Core Installations Pty Ltd Enterprise Agreement 2019 - 2023. The applicant was an employer and the respondents were the Electrical Trades Union of Australia and the Australian Manufacturing Workers Union, representing the employees. The agreement was submitted under section 235 of the Fair Work Act 2009. The dispute centred around the procedural fairness of the agreement and whether it met the requirements of the Fair Work Act. The unions argued that the agreement did not comply with procedural fairness, as the employer had not adequately consulted with the unions before finalising the agreement.

The legal issues before the Fair Work Commission included whether the employer had complied with procedural fairness by not consulting with the unions and whether the agreement was in the best interests of the employees. The unions argued that the employer had not taken their submissions into account in finalising the agreement, and that the agreement did not provide adequate protections for employees. The employer, on the other hand, argued that it had consulted with the unions and that the agreement was in the best interests of the employees.

The Fair Work Commission found that the employer had not adequately consulted with the unions and that there had been a breach of procedural fairness. However, the Commission also found that the agreement was in the best interests of the employees, and approved the agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment, and that the employer had taken reasonable steps to consult with the unions. The Commission also found that the agreement provided adequate protections for employees, and that the breach of procedural fairness did not significantly impact the outcome of the agreement.

The Fair Work Commission approved the Copper Core Installations Pty Ltd Enterprise Agreement 2019 - 2023, with a commencement date of 1 July 2019. The Commission ordered that the agreement be registered and that the employer and unions take all necessary steps to give effect to the agreement. The Commission also ordered that the employer pay the costs of the application.

Copper Core Installations Pty Ltd

DECISION

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Legal Principle Established