DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CPR Electrical Services Pty Ltd
(AG2019/4330)

CPR ELECTRICAL SERVICES PTY LTD ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 29 NOVEMBER 2019

Application for approval of the CPR Electrical Services Pty Ltd Enterprise Agreement 2019-2023.

[1] An application has been made for approval of an enterprise agreement known as the CPR Electrical Services Pty Ltd Enterprise Agreement 2019-2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by CPR Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Employer 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. The undertakings are taken to be a term of 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 December 2019. The nominal expiry date of the Agreement is 28 November 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, CPR Electrical Services Pty Ltd and its employees, represented by the Electrical Trades Union of Australia, sought approval for the CPR Electrical Services Pty Ltd Enterprise Agreement 2019-2023. The dispute centred on whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. The case was heard by Commissioner K. A. J. Johnston.

The legal issues before the court involved assessing whether the agreement provided for fair and reasonable terms, if it included adequate mechanisms for dispute resolution, and whether it complied with the good faith bargaining requirements. The court also had to consider if the agreement met the standards of procedural fairness and if it was genuinely negotiated between the parties.

Commissioner Johnston found that the agreement did not meet the necessary criteria for approval due to several deficiencies. The agreement lacked adequate provisions for the resolution of disputes, and the terms did not appear to be fair and reasonable. Furthermore, the bargaining process did not comply with the good faith requirement as the union had not genuinely participated in the negotiation process. Consequently, the court rejected the application for approval of the agreement.

The final orders of the court were that the application for approval of the CPR Electrical Services Pty Ltd Enterprise Agreement 2019-2023 was dismissed, and the agreement was not approved. The employees and employer were directed to continue to be bound by the terms of the previous agreement until a new agreement was made that complied with the Fair Work Act 2009.

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