DECISION

Fair Work Act 2009
s.185—Enterprise agreement

DESA Australia (qld) Pty Limited T/A DESA Australia (Qld) Pty Ltd
(AG2018/5785)

DESA AUSTRALIA PTY LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 30 JANUARY 2019

Application for approval of the DESA Australia Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2015 -2018.

[1] An application has been made for approval of an enterprise agreement known as the DESA Australia Pty Limited 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 DESA Australia (qld) Pty Limited T/A DESA Australia (Qld) Pty Ltd. The Agreement is a single enterprise agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 February 2019. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

DESA Australia (Qld) Pty Limited, trading as DESA Australia (Qld) Pty Ltd, applied to the Fair Work Commission for approval of the DESA Australia Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The dispute arose from the negotiation and subsequent application of the enterprise agreement between DESA Australia (Qld) Pty Ltd and the Electrical Trades Union of Australia. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the enterprise agreement complied with the statutory provisions of the Fair Work Act, including provisions relating to minimum entitlements, dispute resolution, and procedural fairness. Specifically, the Commission had to examine whether the agreement contained all mandatory terms and conditions, provided for the payment of minimum rates of pay and entitlements, and adhered to the procedural requirements for its making.

In reaching its decision, the Commission considered the submissions and evidence from both parties, as well as relevant statutory provisions and precedents. The Commission found that the agreement contained all the mandatory terms and conditions required by the Fair Work Act and provided for the payment of the relevant minimum rates of pay and entitlements. The Commission also concluded that the agreement had been made in accordance with the procedural requirements of the Act. Consequently, the Fair Work Commission approved the enterprise agreement, finding it to be compliant with the statutory requirements.

The Fair Work Commission approved the DESA Australia Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018, effective from 1 July 2015 until 30 June 2018. The decision was made on the basis that the agreement met all the legal requirements under the Fair Work Act and provided for the payment of the relevant minimum rates of pay and entitlements.

DESA Australia (qld) Pty Limited T/A DESA Australia (Qld) 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