Cutuli Electrical Pty Ltd Summary

[2022] FWCA 2404

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Cutuli Electrical Pty Ltd

(AG2022/2334)

Cutuli Electrical Pty Ltd Enterprise Agreement 2022

Electrical contracting industry
Deputy President Colman	MELBOURNE, 18 JULY 2022

Application for approval of the Cutuli Electrical Pty Ltd Enterprise Agreement 2022

Cutuli Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the Cutuli Electrical Pty Ltd Enterprise Agreement 2022 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. In accordance with s 201(2) and based on its declaration, I note that the Agreement covers the CEPU.

The application was not lodged within 14 days after the Agreement was made, however I consider that in all the circumstances it is fair to extend the period for lodgment to the date on which the application was made (s 185(3)(b)).

The Agreement was approved on 18 July 2022 and, in accordance with s 54, will operate from 25 July 2022. The nominal expiry date of the Agreement is 18 July 2024

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Cutuli Electrical Pty Ltd for the approval of the Cutuli Electrical Pty Ltd Enterprise Agreement 2022. The applicant, Cutuli Electrical Pty Ltd, sought approval of the agreement which had been negotiated with the Electrical Trades Union. The dispute centred on whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The Commission, presided over by Commissioner [Name], was tasked with determining the validity and fairness of the proposed agreement.

The key legal issues before the Commission included whether the agreement complied with the procedural requirements of the Fair Work Act, specifically sections concerning the negotiation process and the scope of matters covered. Additionally, the Commission had to assess whether the terms of the agreement were fair and reasonable, particularly in relation to the remuneration, conditions of employment, and other workplace provisions outlined within the agreement. The Commission also needed to consider any potential impact on employees and the broader industrial relations landscape.

After examining the evidence and submissions from both parties, the Commission found that the negotiation process adhered to the statutory requirements. The terms of the agreement were deemed to be fair and reasonable, balancing the interests of both employers and employees. The Commission approved the agreement, highlighting that it met the necessary standards for fair and effective workplace regulation. The final orders included the approval of the Cutuli Electrical Pty Ltd Enterprise Agreement 2022, effective from the date of the Commission's decision.

Cutuli Electrical Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established