Fredon (Qld) Pty Limited Summary

[2017] FWCA 6346

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Fredon (Qld) Pty Limited

(AG2017/5626)

Fredon (Qld) Pty Limited and CEPU Eletrical Division Queensland Enterprise Agreement 2015 - 2018

Electrical contracting industry
Commissioner McKinnon	MELBOURNE, 30 NOVEMBER 2017

Application for approval of the Fredon (Qld) Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

An application has been made for approval of an enterprise agreement known as the Fredon (Qld) Pty Limited and CEPU Electrical Division Queensland 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 Fredon (Qld) Pty Limited. The Agreement is a single enterprise agreement.

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.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 December 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicants, Fredon (Qld) Pty Limited, sought approval of their enterprise agreement with the CEPU Electrical Division Queensland, covering the period 2015 to 2018. The application was heard by the Fair Work Commission. The primary dispute centred on the fairness and compliance of the proposed enterprise agreement with the relevant industrial and legislative frameworks.

The court was tasked with examining whether the agreement met the statutory requirements under the Fair Work Act 2009, specifically sections concerning the registration process, the agreement's content, and its compliance with the "better off overall test". The court also needed to determine if the agreement was made in good faith and if it was free from any improper influence or coercion.

The Fair Work Commission found that the agreement was fair and complied with the necessary legal standards. The commission emphasised that the agreement was made in good faith and did not contain any elements that would render it unfair or invalid. The court highlighted that the agreement provided for terms and conditions that were better than those provided by the applicable awards and regulations. Consequently, the commission approved the agreement, finding it to be compliant with all relevant legislative requirements.

The final orders included the approval and registration of the Fredon (Qld) Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018, effective from the date of the decision.

Fredon (Qld) Pty Limited

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established