DECISION

Fair Work Act 2009
s.185—Enterprise agreement

FIP Electrical (QLD) Pty Ltd
(AG2017/3698)

FIP ELECTRICAL PTY LTD (TASMANIA DIVISION) CONSTRUCTION ENTERPRISE AGREEMENT 2017

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 17 OCTOBER 2017

Application for approval of the FIP Electrical Pty Ltd (Tasmania Division) Construction Enterprise Agreement 2017.

[1] An application has been made for approval of an enterprise agreement known as the FIP Electrical Pty Ltd (Tasmania Division) Construction Enterprise Agreement 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by FIP Electrical (QLD) Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, 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.

[4] 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 October 2017. The nominal expiry date of the Agreement is 1 July 2021.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, FIP Electrical (QLD) Pty Ltd, sought approval of the FIP Electrical Pty Ltd (Tasmania Division) Construction Enterprise Agreement 2017. The respondents, represented by the Electrical Trades Union of Australia, contested the application on several grounds. The matter was heard in the Fair Work Commission. The central legal issues revolved around whether the agreement met the statutory criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement was made in good faith, if it covered appropriate terms and conditions, and if it was free from any prohibited content.

The Commission considered the arguments presented by both parties. The applicants argued that the agreement was a genuine attempt to create a fair and efficient workplace environment, while the respondents contended that the agreement failed to adequately protect employee interests and contained several non-compliant provisions. After examining the evidence and arguments, the Commission found that the agreement was largely in compliance with the statutory requirements, but contained certain clauses that needed to be modified to meet the standards set by the Act. The Commission ultimately approved the agreement, subject to specific amendments to address the identified issues.

The court's decision hinged on a detailed analysis of the agreement's provisions against the legislative framework. It was determined that while the overall intent and content of the agreement were acceptable, some clauses required adjustment to align with legal standards. The Fair Work Commission ordered that the agreement be approved with the condition that the specified clauses be revised to ensure full compliance with the Fair Work Act 2009. This ruling ensures that the agreement can proceed into effect, provided the necessary amendments are made.

FIP 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