DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Decon Industries Pty Ltd
(AG2017/4246)

DECON INDUSTRIES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 28 SEPTEMBER 2017

Application for approval of the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Decon Industries Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant 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.

[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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 September 2017 and, in accordance with s.54, will operate from 5 October 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved Decon Industries Pty Ltd and the CEPU Electrical Division. The matter was brought before the Fair Work Commission, where the primary issue was the approval of the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The dispute centred around whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the Commission was required to address included whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act, whether it complied with the good faith bargaining requirements, and if it contained terms and conditions that were fair and reasonable. Additionally, the Commission needed to consider whether the agreement adequately addressed the interests of both the employer and employees and if it included appropriate dispute resolution mechanisms.

In reaching its decision, the Commission considered the evidence presented by both parties, including submissions on the fairness of the agreement and the processes undertaken to reach it. The Commission found that the agreement was made in good faith, contained fair and reasonable terms and conditions, and adequately represented the interests of both parties. The Commission also noted that the agreement included appropriate mechanisms for resolving disputes. Consequently, the Commission approved the agreement, finding it to be in compliance with the statutory requirements.

The Fair Work Commission approved the Decon Industries Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. This decision was based on the findings that the agreement was made in good faith, contained fair and reasonable terms, and included adequate dispute resolution mechanisms. The approval signifies that the agreement will now serve as the basis for employment conditions between the parties for the specified period.

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