GMJ Electrical Projects Pty Ltd

[2013] FWCA 3779

FAIR WORK COMMISSION

DECISION

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

GMJ Electrical Projects Pty Ltd
(AG2013/6797)

GMJ ELECTRICAL PROJECTS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 13 JUNE 2013

Application for approval of the GMJ Electrical Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the GMJ Electrical Projects Pty Ltd and 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 the GMJ Electrical Projects Pty Ltd. The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 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, 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) of the Act, I note that the Agreement covers this organisation.

[4] The agreement is approved. In accordance with s.54(1) it will operate from 20 June 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

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CaseChat Overview and Summary

GMJ Electrical Projects Pty Ltd, along with the CEPU Electrical Division, sought approval for their Enterprise Agreement 2012-2015. The application was brought before the Fair Work Commission to ensure the agreement complied with the Fair Work Act 2009. The application centred on the procedural fairness and compliance of the agreement with statutory requirements.

The primary legal issues that the court had to address were whether the agreement had been negotiated in good faith and if it adhered to the provisions of the Fair Work Act. Specifically, the court needed to determine if the agreement satisfied the "better off overall test," which requires that employees are no worse off financially under the new agreement. Additionally, the court examined the process of consultation and negotiation to ensure it was conducted fairly and in line with the legal standards.

The Fair Work Commission found that the agreement had been negotiated in good faith and that it met the requirements of the Act. The commission confirmed that the agreement passed the better off overall test and that the process of consultation and negotiation was fair. Consequently, the commission approved the Enterprise Agreement 2012-2015, highlighting its compliance with the necessary statutory provisions.

The Fair Work Commission ordered the approval of the GMJ Electrical Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2012-2015, affirming its compliance with the Fair Work Act. This decision ensures that the agreement can be implemented as intended, providing a framework for the employment terms between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established