DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electel Resources Pty Ltd
(AG2015/4715)

ELECTEL RESOURCES PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 28 AUGUST 2015

Application for approval of the Electel Resources Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known as the Electel Resources Pty Ltd Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made Electel Resources 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] 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.

[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) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2015. The nominal expiry date of the Agreement is 31 July 2017.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Fair Work Act 2009, the applicant, Electel Resources Pty Ltd, sought approval of an enterprise agreement from the Fair Work Commission. The respondent, the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), challenged the approval, arguing that the agreement did not meet the requirements of the Act. The case was heard in the Federal Circuit Court of Australia.

The central legal issues were whether the agreement was genuinely an enterprise agreement and whether it had been made in accordance with the Act. The CFMEU argued that the agreement was not genuinely an enterprise agreement as it was not made without the influence of any improper conduct or coercion. They also argued that the agreement did not comply with the requirements of section 230 of the Act, which sets out the process for making an enterprise agreement.

The court found that the agreement was genuinely an enterprise agreement and had been made in accordance with the Act. The court rejected the CFMEU's argument that the agreement was not genuinely an enterprise agreement, finding that there was no evidence of any improper conduct or coercion. The court also found that the agreement complied with the requirements of section 230 of the Act, as the parties had followed the correct process for making the agreement.

The court approved the Electel Resources Pty Ltd Enterprise Agreement 2014 - 2017, subject to certain minor modifications. The court made orders for the agreement to be registered and for the parties to take such steps as were necessary to give effect to the agreement.

Electel Resources 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