Fredon QLD Pty Ltd

[2013] FWCA 3821

FAIR WORK COMMISSION

DECISION

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

Fredon QLD Pty Ltd
(AG2013/6907)

FREDON (QLD) PTY LIMITED & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 18 JUNE 2013

Application for approval of the Fredon (Qld) Pty Limited & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the Fredon (Qld) Pty Limited & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (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 Ltd. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] 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 CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Fredon Queensland Pty Ltd, along with CEPU Electrical Division, sought approval of their Enterprise Agreement for the period 2012 to 2015 from the Fair Work Commission. The application was contested by a group of employees who raised several objections. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009 and if it adhered to the principles of good faith bargaining and procedural fairness. The employees argued that the agreement was not the product of genuine negotiations and that procedural fairness was not observed during the bargaining process.

The legal issues before the Commission included whether the agreement was the outcome of genuine negotiations, whether the bargaining process was conducted in good faith, and whether procedural fairness was observed. The Commission considered the bargaining history, the conduct of the parties, and the content of the agreement to ascertain if it complied with the statutory requirements and the principles of good faith and procedural fairness. The Commission also evaluated if the agreement provided fair terms and conditions of employment.

The Fair Work Commission found that the agreement was indeed the product of genuine negotiations and that the bargaining process was conducted in good faith. The Commission concluded that procedural fairness was observed and that the agreement provided fair terms and conditions of employment. The objections raised by the employees were not substantiated, and the Commission approved the Enterprise Agreement. The Commission emphasised the importance of genuine negotiations, good faith bargaining, and procedural fairness in the enterprise agreement process. The Fair Work Commission approved the Fredon (Qld) Pty Limited & CEPU Electrical Division Queensland Enterprise Agreement 2012 to 2015.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established