[2014] FWCA 554 |
FAIR WORK COMMISSION |
DECISION |
Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement
Hazardous Area Wiring Consulting Pty Ltd
(AG2013/10463)
HAZARDOUS AREA WIRING CONSULTING PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015
Electrical contracting industry | |
DEPUTY PRESIDENT LAWRENCE | SYDNEY, 23 JANUARY 2014 |
Application for approval of the Hazardous Area Wiring Consulting Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.
[1] An application has been made for approval of an enterprise agreement known as the Hazardous Area Wiring Consulting Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (the Agreement). The Agreement is a single-enterprise agreement. It has been made by Hazardous Area Wiring Consulting Pty Ltd.
[2] The application is made pursuant to s.185 of the Fair Work Act 2009 (the Act). I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.
[3] The Agreement is approved. In accordance with s.54(1) it will operate from 30 January 2014.The nominal expiry date of the Agreement is 31 December 2015.
DEPUTY PRESIDENT
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- AGLC
- Hazardous Area Wiring Consulting Pty Ltd [2014] FWCA 554
- Case
- [2014] FWCA 554
- Decision Date
CaseChat Overview and Summary
The key legal issue the Fair Work Commission was required to address was whether certain provisions within the proposed enterprise agreement contravened the provisions of the Fair Work Act 2009. Specifically, the opposition raised concerns about the compliance of certain clauses with the "better off overall test" as outlined in the Act. The Commission had to determine if the proposed agreement met the statutory requirements for approval, including the requirement that employees be "no worse off financially" as a result of the agreement.
In delivering its decision, the Fair Work Commission examined the terms of the agreement in detail, focusing on the provisions contested by the CEPU Electrical Division. The Commission considered the financial implications for employees under the proposed agreement and assessed whether the agreement met the better off overall test. After a thorough review, the Commission found that the contested provisions did not contravene the Fair Work Act 2009. Consequently, the Commission approved the Hazardous Area Wiring Consulting Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.
The Fair Work Commission approved the enterprise agreement with the conditions that it was to be in effect from 1 July 2012 to 30 June 2015. The Commission determined that the agreement did not result in employees being worse off financially and met the statutory requirements for approval under the Fair Work Act 2009.
Orders
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Background
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Evidence
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Decision
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Ratio Decidendi
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