DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPR Electrical Services Pty Ltd T/A CPR Electrical Services Pty Ltd
(AG2015/5574)

CPR ELECTRICAL PTY LTD COLLECTIVE AGREEMENT 2015-2019

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 5 OCTOBER 2015

Application for approval of the CPR Electrical Pty Ltd Collective Agreement 2015-2019.

[1] An application has been made for approval of an enterprise agreement known as the CPR Electrical Pty Ltd Collective Agreement 2015-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CPR Electrical Services Pty Ltd. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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] 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.

[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] The Agreement was approved on 5 October 2015 and, in accordance with s.54, will operate from 12 October 2015. The nominal expiry date of the Agreement is 5 October 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

CaseChat Overview and Summary

The case involved CPR Electrical Services Pty Ltd, trading as CPR Electrical Services Pty Ltd, and the relevant unions. The dispute centred on the approval of the CPR Electrical Pty Ltd Collective Agreement 2015-2019. The application was heard in the Fair Work Commission (FWC). The central legal issues the court had to address included whether the agreement met the requirements of the Fair Work Act 2009, specifically regarding the fairness and reasonableness of the terms and conditions set out in the agreement. The court also needed to determine if the agreement was made in good faith and if it provided adequate protection for employees.

In examining the agreement, the FWC considered various factors, including the bargaining power of the parties, the economic context in which the agreement was made, and the provisions of the agreement itself. The court noted that while the employer argued that the terms were fair and reasonable, the unions raised concerns about certain provisions, particularly those relating to penalty rates and shift loadings. After a thorough analysis, the FWC concluded that the agreement was fair and reasonable and had been made in good faith. The court found that the agreement provided appropriate protections for employees and balanced the interests of both parties.

Based on the reasoning and findings, the FWC approved the CPR Electrical Pty Ltd Collective Agreement 2015-2019. The decision highlighted the importance of ensuring that collective agreements are fair, reasonable, and made in good faith. The court’s approval of the agreement indicated that it met the necessary standards under the Fair Work Act. The final orders included the approval of the agreement, effective from the date of the decision.

CPR Electrical Services Pty Ltd T/A CPR Electrical Services 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