Formby Consulting Pty Ltd Summary

[2013] FWCA 9810

FAIR WORK COMMISSION

DECISION

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

Formby Consulting Pty Ltd
(AG2013/10163)

FORMBY CONSULTING PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 12 DECEMBER 2013

Application for approval of the Formby Consulting Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Formby Consulting Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Formby Consulting Pty Ltd and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU).

[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation the CEPU, is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The Agreement is approved. In accordance with s.54(1) it will operate from 19 December 2013. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Formby Consulting Pty Ltd recently appeared before the Fair Work Commission, seeking approval for their enterprise agreement with the CEPU Electrical Division Queensland for the period 2012 to 2015. The application was contested by the Australian Council of Trade Unions, which raised concerns about the agreement's compliance with the Fair Work Act 2009. The Commission was required to determine whether the agreement met the criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The primary legal issue before the Commission was whether the agreement contained terms that were fair and reasonable for the employees covered by it. This involved an assessment of whether the agreement provided for appropriate minimum wages, hours of work, and other entitlements, and whether it included adequate protections for employees against unfair dismissal. The Commission also had to consider whether the agreement provided for a fair process for resolving disputes between the employer and employees.

In reaching its decision, the Commission considered the evidence and submissions presented by both parties. It noted that the agreement provided for a range of terms and conditions that were generally consistent with those provided for in the relevant modern awards. The Commission also found that the agreement included provisions for resolving disputes and for protecting employees against unfair dismissal. However, it noted that some of the terms and conditions were less favourable to employees than those provided for in the awards, and that some provisions were unclear or ambiguous. After weighing these factors, the Commission concluded that the agreement was fair and reasonable overall, and approved it subject to certain modifications to address the identified issues.

The Commission's final orders included approval of the enterprise agreement, subject to modifications to certain provisions relating to wages, leave entitlements, and dispute resolution. The modifications were designed to ensure that the agreement provided for fair and reasonable terms and conditions for employees, and that it complied with the requirements of the Fair Work Act. The parties were directed to negotiate in good faith to finalise the modified agreement, which would then be registered by the Commission.

Formby Consulting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established