DECISION

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

Electro Industry Group Queensland Limited T/A Electro Group Apprentices
(AG2020/2318)

ELECTRO INDUSTRY GROUP QUEENSLAND LTD APPRENTICE/TRAINEE ENTERPRISE AGREEMENT 2020 - 2023.

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 28 AUGUST 2020

Application for approval of the Electro Industry Group Queensland Ltd Apprentice/Trainee Enterprise Agreement 2020 - 2023.

[1] Electro Industry Group Queensland Limited T/A Electro Group Apprentices (the Employer) has applied for approval of an enterprise agreement known as the Electro Industry Group Queensland Ltd Apprentice/Trainee Enterprise Agreement 2020 - 2023 (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] I have taken into consideration the material filed in the Commission and 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 s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] Mr Christopher Lynch of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU), filed a Form F18 statutory declaration stating the CEPU supported the approval of the Agreement and giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 4 September 2020. The nominal expiry date of the Agreement is 31 December 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission was brought by Electro Industry Group Queensland Limited, trading as Electro Group Apprentices, seeking approval of the Electro Industry Group Queensland Ltd Apprentice/Trainee Enterprise Agreement 2020 - 2023. The application for approval was made under section 233 of the Fair Work Act 2009, and the dispute centred on whether the proposed agreement met the criteria for registration as a single-employer enterprise agreement.

The legal issues the court had to address included whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements for registration, and if it adhered to the Fair Work Act's provisions regarding the treatment of employees. The court examined the nature of the bargaining process, the scope of the agreement, and whether it covered the necessary employees without excluding any without proper justification.

The Fair Work Commission found that the proposed agreement was a genuine enterprise agreement, having been negotiated in good faith and covering a genuine enterprise. It also determined that the agreement met the procedural requirements and complied with the Act. The Commission noted that while there were some concerns about the scope of the agreement and the exclusion of certain employees, these issues were addressed adequately in the agreement, ensuring it was fair and reasonable. The court approved the agreement based on these findings.

As a result, the Electro Industry Group Queensland Ltd Apprentice/Trainee Enterprise Agreement 2020 - 2023 was registered, effective from the date of the decision. This outcome ensures the agreement will govern the employment conditions of the apprentices and trainees within the specified enterprise for the duration of the agreement.

Electro Industry Group Queensland Limited T/A Electro Group Apprentices

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established