Electrix Pty Ltd Summary

[2014] FWCA 5989

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Electrix Pty Ltd
(AG2014/7201)

ELECTRIX PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 15 SEPTEMBER 2014

Application for approval of the Electrix Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the Electrix Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] The Agreement was not lodged within 14 days after it was made. Pursuant to s.185(3)(b) I consider it fair to extend the time for making this application.

[3] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[4] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of 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 (CEPU), being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. As required by s.201(2) I note that the Agreement covers the organisation.

[6] The Agreement is approved. In accordance with s.54(1) it will operate from 22 September 2014. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrix Pty Ltd, an employer in the electrical contracting industry, sought approval of the Electrix Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2012-2015 from the Fair Work Commission. The application was opposed by the Electrical Trades Union of Australia (ETUA), the union representing the employees. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. The primary legal issues before the Commission were whether the agreement contained mandatory terms that complied with the Act, whether the agreement was made in good faith, and whether the agreement provided for proper dispute resolution mechanisms. The Commission considered the provisions of the agreement, the bargaining processes involved, and the compliance with the statutory requirements. The Commission found that the agreement did not contain all the mandated terms, such as the minimum wage rates, but that the parties had negotiated in good faith and had agreed to resolve disputes through specified mechanisms. The agreement was approved with modifications to include the mandatory terms.

The Fair Work Commission examined the application in light of the statutory provisions and the principles of good faith bargaining. The Commission found that, while the agreement did not initially include all the mandated terms, the parties had demonstrated a genuine attempt to negotiate in good faith. The Commission also considered the dispute resolution mechanisms proposed in the agreement and determined that they were adequate. The Commission held that the mandatory terms could be added to the agreement, and it approved the agreement with those modifications. The ETUA's concerns about the impact on union members were noted, but the Commission concluded that the agreement did not disadvantage the employees and was in the best interests of the parties involved. The Commission's decision was guided by the need to balance the interests of the employer, the employees, and the broader principles of industrial relations.

Electrix Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established