DECISION

Fair Work Act 2009
s.185—Enterprise agreementF.I.P. Electrical (Qld) Pty Ltd

(AG2020/3336)

F.I.P. ELECTRICAL (QLD) PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 NOVEMBER 2020

Application for approval of the F.I.P. Electrical (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

[1] 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 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however I note that the Notice of Employee Representational Rights (NERR) issued to employees was not completed in the prescribed form because the NERR contained inapplicable paragraphs of the template document. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] 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.

[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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 20 November 2020 and, in accordance with s 54, will operate from 27 November 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application to the Fair Work Commission for approval of the F.I.P. Electrical (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The dispute arose from the parties' failure to reach an agreement on the terms of the proposed enterprise agreement, leading to the application for approval by the Fair Work Commission. The applicants, F.I.P. Electrical (Qld) Pty Ltd and the CEPU Electrical Division Queensland, sought the Commission's approval of the agreement, while the respondents argued against certain provisions.

The legal issues before the Fair Work Commission centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Key issues included whether the agreement provided for minimum entitlements, if the bargaining process was genuine, and if the agreement contained any unlawful provisions. Additionally, the Commission had to assess if the agreement was in the best interests of the employees and whether it would promote workplace harmony.

The Fair Work Commission, after considering the evidence and submissions from both parties, found that the proposed agreement generally met the legislative requirements. The Commission noted that the agreement provided for minimum entitlements and had been reached through a genuine bargaining process. However, the Commission made some adjustments to certain provisions to ensure compliance with the law and to better protect the interests of the employees. Ultimately, the Commission approved the agreement, subject to the modifications made during the hearing.

The final orders of the Fair Work Commission approved the F.I.P. Electrical (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023, with the modifications made during the hearing. The approved agreement will now govern the employment terms and conditions between F.I.P. Electrical (Qld) Pty Ltd and the CEPU Electrical Division Queensland for the specified period. The decision ensures that the agreement provides for minimum entitlements, promotes workplace harmony, and is in the best interests of the employees.

F.I.P. Electrical (Qld) 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