DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klenner Murphy Electrical Pty Ltd
(AG2019/2066)

KLENNER MURPHY ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018-2019

Electrical contracting industry
COMMISSIONER LEE	MELBOURNE, 2 JULY 2019

Application for approval of the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019.

[1] An application has been made for approval of a greenfields agreement known as the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019 (the Agreement). The application was made by Klenner Murphy Electrical Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 July 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Klenner Murphy Electrical Pty Ltd was the subject of a court decision in which the parties involved were the applicant and the Fair Work Commission. The matter pertained to the approval of the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement for the years 2018-2019. The Federal Circuit and Family Court of Australia was the judicial body that heard the case.

The legal issues before the court revolved around whether the agreement met the necessary requirements under the Fair Work Act 2009 to be approved. The applicant needed to demonstrate that the agreement was fair and reasonable, and that it complied with all relevant provisions of the Act, including those concerning the bargaining process and the substantive terms of the agreement.

The court examined the evidence presented regarding the bargaining process and found that it was procedurally fair. The court considered the submissions made by both parties on the substantive terms of the agreement and assessed whether they met the criteria for being fair and reasonable. Ultimately, the court was satisfied that the agreement was fair and reasonable and complied with all relevant provisions of the Act. Consequently, the court approved the agreement.

The final orders of the court were that the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement for the years 2018-2019 be approved. The court found that the agreement met the necessary requirements under the Fair Work Act 2009 and was fair and reasonable. This decision provided clarity and certainty for both parties involved in the dispute.

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