| [2024] FWCA 661 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
GCQ Electrical Pty Ltd
(AG2024/293)
GCQ ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026
| Electrical power industry | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 20 FEBRUARY 2024 |
Application for approval of the GCQ Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026
GCQ Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the GCQ Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.
On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.
The application was not lodged within 14 days after the agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
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. As required by s 201(2), I note that the Agreement covers the CEPU.
The Agreement was approved on 20 February 2024.
DEPUTY PRESIDENT
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- AGLC
- GCQ Electrical Pty Ltd [2024] FWCA 661
- Case
- [2024] FWCA 661
- Decision Date
CaseChat Overview and Summary
The legal issues the court had to decide were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it met the requirements for a single interest enterprise agreement, whether it covered the appropriate bargaining unit, and whether it was in the best interests of the employees. The court also needed to consider whether the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, leave entitlements, and other conditions that are not less favourable than those provided for in the applicable award or safety net award.
In its decision, the Fair Work Commission found that the agreement met all the legal requirements for approval. The commission noted that the agreement was a single interest enterprise agreement that covered the appropriate bargaining unit and provided for fair and reasonable terms and conditions of employment. The commission was satisfied that the agreement provided for minimum rates of pay and leave entitlements that were not less favourable than those provided for in the applicable award or safety net award. The commission also found that the agreement was in the best interests of the employees and that it provided for a fair and efficient workplace. Based on these findings, the commission approved the agreement.
The Fair Work Commission approved the GCQ Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. The agreement will now apply to the employees covered by it and will provide for their terms and conditions of employment for the next three years. The approval of the agreement is an important step towards ensuring that employees in the electrical industry in Queensland have fair and reasonable terms and conditions of employment.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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