DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Dry Fire Pty Ltd
(AG2017/5135)

DRY FIRE PTY LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 9 NOVEMBER 2017

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

[1] An application has been made for approval of a greenfields agreement known as the Dry Fire Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (Agreement). The application was made by Dry Fire Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers these organisations.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, Dry Fire Pty Ltd and the CEPU Electrical Division Queensland, applied to the Fair Work Commission for approval of the Dry Fire Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The applicants sought to have the agreement registered with the Fair Work Commission to ensure its enforceability. The dispute centred on the terms and conditions of employment, particularly in relation to the classification of employees and their respective pay rates.

The legal issues before the court involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Key considerations included whether the agreement provided for fair and reasonable terms and conditions, whether it was free from prohibited content, and whether it complied with the procedural requirements for registration. Additionally, the court had to assess if the agreement appropriately dealt with the classification of employees and ensured their entitlements were fairly and adequately addressed.

The court found that the agreement substantially met the requirements of the Fair Work Act. It noted that the agreement included terms that were fair and reasonable for the employees, contained no prohibited content, and was procedurally sound. The court emphasised the importance of the agreement's provisions regarding employee classification and remuneration, confirming that these were appropriately detailed and aligned with industry standards. Consequently, the court approved the agreement for registration.

The Fair Work Commission approved the Dry Fire Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018, subject to its registration with the Commission. The agreement was deemed to provide for fair and reasonable terms and conditions of employment and was found to be compliant with the statutory requirements for approval.

Dry Fire 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