Decon Industries Pty Ltd

[2024] FWCA 2216

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Decon Industries Pty Ltd

(AG2024/1979)

DECON INDUSTRIES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JUNE 2024

Application for approval of the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Decon Industries Pty Ltd has made an application for approval of an enterprise agreement known as the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (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. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 14 June 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Decon Industries Pty Ltd applied for approval of the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026, which was before the Fair Work Commission. The application involved the review of the agreement's provisions, including wages, working conditions, and dispute resolution mechanisms, to ensure compliance with the Fair Work Act 2009. The Fair Work Commission was tasked with determining whether the agreement met the requirements for registration and if it was in the interests of the employees and employers involved.

The central legal issues that the Commission addressed were whether the agreement provided for fair and reasonable terms and conditions of employment, if it complied with the legislative framework, and whether it was free from any illegality or impropriety. Additionally, the Commission considered whether the agreement provided for an appropriate dispute resolution process and if it was in the best interests of the employees and employers.

The Fair Work Commission examined the agreement's provisions, including the wage rates, hours of work, leave entitlements, and the dispute resolution mechanisms. The Commission found that the agreement was fair and reasonable and complied with the Fair Work Act 2009. It was determined that the agreement provided for appropriate terms and conditions of employment and was in the interests of both employees and employers. The Commission concluded that the agreement met all the necessary requirements for registration and approved the application for the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026.

The Fair Work Commission approved the application for the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026, which will now be registered with the Fair Work Ombudsman. The agreement will govern the terms and conditions of employment for the employees covered by the agreement for the period from 2023 to 2026. The decision serves as a binding resolution of the dispute between the parties and sets the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established