DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klenner Murphy Electrical Pty Ltd
(AG2020/606)

KLENNER MURPHY ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019-2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2020

Application for approval of the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023

[1] Klenner Murphy Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 26 March 2020 and, in accordance with s 54, will operate from 2 April 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Klenner Murphy Electrical Pty Ltd and the CEPU Electrical Division recently brought an application before the Fair Work Commission, seeking approval of the Enterprise Agreement 2019-2023. The dispute centred on the fairness and appropriateness of the agreement terms, particularly as they related to the employees' working conditions, remuneration, and benefits. The Fair Work Commission, tasked with ensuring that the agreement met the necessary standards, assessed the application thoroughly.

The legal issues that arose required the Commission to determine whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission needed to consider if the agreement provided for a safety net of minimum wages and conditions, if it was free from coercion, and if it facilitated a productive workplace relationship. The Commission also needed to assess whether the agreement was in the best interests of the employees and whether it met the "better off overall test".

In its reasoning, the Commission examined the terms of the agreement, noting that it included provisions for wage increases, improved working conditions, and enhanced benefits for employees. The Commission found that the agreement provided for a fair safety net of minimum wages and conditions, and that it did not involve any form of coercion. Additionally, the Commission concluded that the agreement would facilitate a productive workplace relationship and that it was in the best interests of the employees. The Commission also determined that the agreement met the better off overall test, as it provided for a fair and reasonable set of terms and conditions for the employees. Based on this reasoning, the Commission approved the Enterprise Agreement 2019-2023.

Klenner Murphy Electrical Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established