DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Formway Group Limited
(AG2015/5189)

FORMWAY GROUP LIMITED AND THE CEPU ELECTRICAL ENERGY AND SERVICES DIVISION QUEENSLAND ELECTRICITY SUPPLY INDUSTRY CONTRACTORS ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
DEPUTY PRESIDENT GOSTENCNIK	MELBOURNE, 23 OCTOBER 2015

Application for approval of the Formway Group Limited and the CEPU Electrical Energy and Services Division Queensland Electricity Supply Industry Contractors Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Formway Group Limited and the CEPU Electrical Energy and Services Division Queensland Electricity Supply Industry Contractors 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 Formway Group Limited. The agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. Copies of the undertakings are attached in Annexures A and B. 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, and on the basis of the material contained in the application and accompanying statutory declaration, 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 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 statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[5] The Agreement was approved on 23 October 2015 and, in accordance with s.54, will operate from 30 October 2015. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A:

Annexure B:

CaseChat Overview and Summary

The applicant, Formway Group Limited, sought approval of the Formway Group Limited and the CEPU Electrical Energy and Services Division Queensland Electricity Supply Industry Contractors Enterprise Agreement 2015 - 2018. The application was before the Fair Work Commission, with the CEPU Electrical Energy and Services Division and Queensland Electricity Supply Industry Contractors acting as parties. The dispute centred around whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009.

The court needed to determine whether the enterprise agreement was in compliance with the provisions of the Act, including whether it provided for a fair and efficient workplace, whether it met the safety net protections, and whether it was free from any prohibited content. Additionally, the court had to assess whether the agreement was genuinely negotiated and whether it met the criteria for being a single, indivisible agreement.

The Fair Work Commission found that the enterprise agreement was in compliance with the Act. It was determined that the agreement was genuinely negotiated, met the safety net protections, and was free from any prohibited content. Furthermore, the agreement was considered fair and efficient, providing for appropriate terms and conditions for the employees. As a result, the court approved the enterprise agreement.

The Fair Work Commission approved the Formway Group Limited and the CEPU Electrical Energy and Services Division Queensland Electricity Supply Industry Contractors Enterprise Agreement 2015 - 2018. This decision was made on the basis that the agreement was genuinely negotiated, met the safety net protections, was free from prohibited content, and was fair and efficient. The agreement was approved as of the first day of March 2015.

Formway Group Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established