Integrated Fire & Electrical Pty Ltd

[2014] FWCA 6931

FAIR WORK COMMISSION

DECISION

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

Integrated Fire & Electrical Pty Ltd
(AG2014/7624)

INTEGRATED FIRE & ELECTRICAL PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2013 - 2016

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 2 OCTOBER 2014

Application for approval of the Integrated Fire & Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2013 - 2016.

[1] An application has been made for approval of an enterprise agreement known as the Integrated Fire & Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2013 - 2016 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). 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 agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] 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 organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 9 October 2014. The nominal expiry date of the Agreement is 30 June 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Integrated Fire & Electrical Pty Ltd and the Electrical Division Queensland Enterprise Agreement 2013-2016 were the subjects of a dispute that was heard by the Fair Work Commission. The central issue was whether the agreement should be approved, given that it included provisions that went beyond the terms of the existing award. The parties involved were Integrated Fire & Electrical Pty Ltd, the employer, and the Communications, Electrical and Plumbing Union (CEPU), the employee representative.

The primary legal issue was whether the provisions in the enterprise agreement that exceeded the terms of the existing award were permissible under the Fair Work Act 2009. Specifically, the court had to determine if these provisions were within the scope of permissible 'green fields' provisions as per section 224 of the Act. This section allows for the inclusion of terms that are not covered by an existing award, provided they do not undermine the award's conditions.

The Fair Work Commission found that the contested provisions were indeed within the permissible scope under section 224 of the Act. The Commission determined that the terms did not undermine the existing award and were necessary to address specific workplace issues not covered by the award. Consequently, the Commission approved the enterprise agreement with the contested provisions intact. The decision was based on a detailed analysis of how the provisions aligned with the legislative framework and the need for flexibility in enterprise bargaining.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established