DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Electrorig Hoist Rentals Pty Ltd
(AG2018/369)

ELECTRORIG HOIST RENTALS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 19 APRIL 2018

Application for approval of the Electrorig Hoist Rentals Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Electrorig Hoist Rentals Pty Ltd 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 Electrorig Hoist Rentals 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 26 April 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Electrorig Hoist Rentals Pty Ltd sought approval for the Electrorig Hoist Rentals Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018, before the Fair Work Commission. The application arose from a dispute between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMU). The primary issue was whether the agreement met the requirements of section 232 of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues centred on whether the agreement contained all necessary provisions as stipulated by the Fair Work Act and the Fair Work (Registered Organisations) Act. The company argued that the agreement was fair and appropriate, while the CFMU contended that it did not meet the legal standards for approval. The court had to determine whether the agreement provided for appropriate mechanisms for resolving disputes and included a pay rise clause, among other things. It also needed to consider whether the agreement complied with the requirements for independent assessment and employee representation.

The Fair Work Commission found that the agreement did not meet the legal standards for approval. The agreement lacked a dispute resolution mechanism and did not include a pay rise clause, which are essential components under the Fair Work Act. The Commission also noted that the agreement did not comply with the requirements for independent assessment and employee representation. As a result, the application for approval of the agreement was dismissed. The Commission ordered that the agreement be returned to the parties for amendment and resubmission for approval.

Electrorig Hoist Rentals 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