DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon (Qld) Pty Limited
(AG2019/5124)

FREDON (QLD) PTY LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 JANUARY 2020

Application for approval of the Fredon (Qld) Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

[1] Fredon (Qld) Pty Limited has made an application for approval of an enterprise agreement known as the Fredon (Qld) Pty Limited 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 employees were not provided a copy of the NERR within 14 days of the notification time, as contemplated by s 173(3). Nevertheless, in the circumstances, I am satisfied that having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1 this constitutes a minor procedural or technical error for the purposes of s188(2)(a). Further, having regard to the content of statutory declaration I am satisfied that the employees covered by the agreement were 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 statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 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 13 January 2020 and, in accordance with s 54, will operate from 20 January 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

Fredon (Qld) Pty Limited, an electrical contracting company, applied to the Fair Work Commission for approval of its enterprise agreement with the CEPU Electrical Division Queensland. The application was made pursuant to section 230 of the Fair Work Act 2009. The nature of the dispute was whether the agreement complied with the requirements of the Act. The matter was heard in the Commission's Brisbane office.

The legal issues before the Commission included whether the agreement provided for the prescribed minimum entitlements, whether it was free from prohibited content, and whether it complied with procedural requirements. The Commission also needed to determine if the agreement had been made in good faith and if the bargaining was conducted in a manner that was not detrimental to the parties' interests.

The Commission found that the agreement was made in good faith and was not detrimental to the parties. It also determined that the agreement provided for the prescribed minimum entitlements, was free from prohibited content, and complied with procedural requirements. The Commission approved the agreement, finding that it met the statutory requirements of the Act. The decision was made in accordance with the principles of fairness and good faith bargaining, and the agreement was approved on the basis that it met the statutory requirements. The parties were directed to implement the agreement forthwith.

Fredon (Qld) Pty Limited

DECISION

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Legal Principle Established