Klenner Murphy Electrical Pty Ltd

[2022] FWCA 560

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Klenner Murphy Electrical Pty Ltd

(AG2022/238)

Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 18 FEBRUARY 2022

Application for approval of the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024

An application has been made for approval of an enterprise agreement known as the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Cross River Rail Project Agreement 2020-2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Klenner Murphy Electrical Pty Ltd (the Applicant). The Agreement is a single enterprise agreement.

I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) lodged a Form F18 statutory declaration supporting approval of the Agreement and giving 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 the CEPU.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Court, the matter of Klenner Murphy Electrical Pty Ltd involved an application for approval of a Cross River Rail Project Agreement between Klenner Murphy Electrical Pty Ltd and the CEPU Electrical Division. The application was made under the Fair Work Act 2009 and sought approval for an enterprise agreement that would cover the period from 2020 to 2024. The dispute centred on the terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The court was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act. Key issues included whether the agreement was genuinely negotiated and whether it met the "better off overall test" that ensures employees are not worse off financially under the new agreement. Additionally, the court had to consider if the agreement complied with the provisions concerning enterprise agreements and the general protections in the Fair Work Act.

In delivering its decision, the court found that the agreement had been genuinely negotiated and met the better off overall test. The court was satisfied that the agreement was in the best interests of the employees and complied with the statutory requirements for approval. The court emphasised that the agreement provided for improved conditions and benefits, including wage increases and better working conditions, which were beneficial to the employees.

The court approved the Cross River Rail Project Agreement 2020-2024 between Klenner Murphy Electrical Pty Ltd and the CEPU Electrical Division, finding it to be a fair and reasonable enterprise agreement. The approval was made effective from the date of the court's decision, ensuring that the terms and conditions outlined in the agreement would govern the employment relationship 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