DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CVSG Electrical Construction Pty Ltd
(AG2021/4420)

CVSG ELECTRICAL CONSTRUCTION ENTERPRISE AGREEMENT – 2021 - 2025.

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 16 APRIL 2021

Application for approval of the CVSG Electrical Construction Enterprise Agreement - 2021 - 2025.

[1] An application has been made for approval of an enterprise agreement known as the CVSG Electrical Construction Enterprise Agreement - 2021 - 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CVSG Electrical Construction 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 Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2021. The nominal expiry date of the Agreement is 16 April 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, CVSG Electrical Construction Pty Ltd, sought approval of an enterprise agreement. The agreement in question was negotiated with the Electrical Trades Union and related to employees working within the electrical construction industry in New South Wales. The union argued that the agreement was not in the best interests of the employees, citing concerns over the fairness of the proposed terms. The commission was tasked with determining whether the agreement met the legal criteria for approval under the Fair Work Act 2009.

The central legal issues before the commission involved assessing whether the agreement satisfied the procedural and substantive fairness tests. Procedurally, the commission examined whether proper bargaining procedures were followed and whether the agreement was genuinely negotiated. Substantively, the commission considered whether the terms of the agreement were fair and reasonable in light of the economic and social context. Particular attention was given to the provisions concerning wages, working conditions, and dispute resolution mechanisms.

After carefully reviewing the submissions and evidence presented, the commission found that the agreement was procedurally sound and genuinely negotiated. It also found that the substantive terms of the agreement were fair and reasonable, taking into account the specific circumstances of the electrical construction industry and the bargaining positions of the parties. The commission concluded that the agreement met the criteria for approval and ordered its registration. This decision ensures that the terms of the enterprise agreement are legally binding for the duration specified, providing a framework for industrial relations within the specified period.

CVSG Electrical Construction 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