DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decon Industries Pty Ltd
(AG2020/838)

DECON INDUSTRIES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 15 APRIL 2020

Application for approval of the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] 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 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

[3] The 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 15 April 2020 and, in accordance with s 54, will operate from 22 April 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Decon Industries Pty Ltd, along with the CEPU Electrical Division, sought approval for their Enterprise Agreement 2019-2023 under the Fair Work Act 2009. The application was brought before the Fair Work Commission (FWC) to ensure compliance with the relevant provisions of the Act. The applicants argued that the agreement was appropriately negotiated and met the necessary criteria for approval. The dispute arose as certain parties contested the fairness and appropriateness of specific clauses within the agreement.

The legal issues before the FWC involved determining whether the Enterprise Agreement was genuinely negotiated, if it contained necessary safety net provisions, and if it met the requirements for simplicity and clarity. The FWC had to assess if the agreement provided for fair and reasonable terms and conditions of employment and whether it was in the best interest of the employees covered by the agreement.

In examining the application, the FWC considered the process of negotiation and the content of the agreement. The Commission found that the agreement was genuinely negotiated, as evidenced by the involvement of representatives from both parties. The FWC also determined that the agreement contained all necessary safety net provisions and that it was sufficiently simple and clear for employees to understand. The Commission concluded that the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The FWC approved the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023, finding it to be in compliance with the Fair Work Act 2009. The decision recognised the agreement as a fair and reasonable means of regulating the terms and conditions of employment for the employees involved.

Decon Industries 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