F.I.P. Electrical (Qld) Pty Ltd

[2024] FWCA 839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

F.I.P. Electrical (Qld) Pty Ltd

(AG2024/488)

F.I.P. ELECTRICAL (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MARCH 2024

Application for approval of the F.I.P. Electrical (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

F.I.P. Electrical (Qld) Pty Ltd has made an application for approval of an enterprise agreement known as the F.I.P. Electrical (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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 CEPU.

The Agreement was approved on 6 March 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of the F.I.P. Electrical (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The dispute arose from disagreements over the terms and conditions of employment set forth in the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval. The primary parties involved were F.I.P. Electrical (Qld) Pty Ltd, the employer, and the CEPU Electrical Division, the union representing the employees.

The legal issues before the Commission included whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to minimum entitlements, procedural fairness, and the avoidance of undue hardship. The Commission had to assess whether the agreement provided fair and reasonable terms for the employees, taking into account the broader economic context and the needs of both parties. Additionally, the Commission considered whether any provisions in the agreement might unfairly disadvantage a particular group of employees or create an undue burden on the employer.

In delivering its decision, the Commission found that the agreement substantially complied with the relevant provisions of the Fair Work Act. The Commission acknowledged that while some terms were contentious, they did not deviate significantly from the minimum standards prescribed by the Act. The agreement was deemed to provide fair and reasonable terms for the employees, and the Commission concluded that no undue hardship would be imposed on the employer. The Commission's approval was based on the overall balance of the agreement and its alignment with the principles of procedural fairness and good faith bargaining.

The Fair Work Commission approved the F.I.P. Electrical (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026, effective from the date of the decision. The approval was subject to specific conditions aimed at ensuring ongoing compliance with the Act and maintaining the integrity of the agreement. The decision provided clarity for both the employer and the employees, setting the terms of employment for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established