DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decon Industries Pty Ltd
(AG2019/3267)

DECON INDUSTRIES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018-2019

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 SEPTEMBER 2019

Application for approval of the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019

[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 2018-2019 (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 application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

[4] 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.

[5] The Agreement was approved on 30 September 2019 and, in accordance with s 54, will operate from 7 October 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Decon Industries Pty Ltd, applied to the Fair Work Commission for approval of the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019. The Commission was asked to determine if the agreement met the requirements of the Fair Work Act 2009 for being a low-paid, low-paid and under-award, or registered agreement. The applicant sought to have the agreement approved as a low-paid agreement, recognising that the employees covered by the agreement were paid less than the relevant award rates.

The Commission had to consider whether the agreement met the definition of a low-paid agreement, which required the Commission to be satisfied that the agreement provided a fair and reasonable outcome for the employees and employers, and that the agreement did not contain any provisions that would undermine the safety net provided by the relevant award. The Commission also needed to consider whether the agreement was consistent with the objectives of the Fair Work Act 2009, including promoting high levels of employment and participation in the workforce, and providing for the fair and effective resolution of workplace disputes.

After considering the evidence presented by the parties, the Commission was satisfied that the agreement met the requirements for being a low-paid agreement. The Commission found that the agreement provided a fair and reasonable outcome for the employees and employers, and that the agreement did not contain any provisions that would undermine the safety net provided by the relevant award. The Commission also found that the agreement was consistent with the objectives of the Fair Work Act 2009. As a result, the Commission approved the agreement as a low-paid agreement.

The Commission's decision was subject to an appeal to the Federal Court of Australia, but no appeal was lodged within the required timeframe. The Commission's approval of the agreement as a low-paid agreement is therefore final and binding on the parties.

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