DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Klenner Murphy Electrical Pty Ltd
(AG2017/3378)

KLENNER MURPHY ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 22 SEPTEMBER 2017

Application for approval of the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[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 2015-2018 (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 are 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 Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[4] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[5] 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 these organisations.

[6] The Agreement was approved on 22 September 2017 and, in accordance with s.54, will operate from 29 September 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, Klenner Murphy Electrical Pty Ltd, the applicant, sought approval of the Klenner Murphy Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The applicant was represented by Mr. R.S. O’Brien, and the respondent, the CEPU Electrical Division Queensland, was represented by Ms. C.A. Jones. The primary dispute centred around whether the terms of the proposed enterprise agreement complied with the relevant legislative requirements and the principles of good faith bargaining.

The court was tasked with determining if the enterprise agreement met the criteria outlined in section 230 of the Fair Work Act 2009. Specifically, the court examined whether the agreement contained the prescribed terms and conditions, was made in good faith, and did not discriminate against any employees. The applicant argued that the agreement was a genuine attempt to reach a fair and reasonable outcome, while the respondent raised concerns about certain provisions' compliance with the Fair Work Act and potential adverse effects on employees.

After reviewing the submissions and evidence presented by both parties, the commission found that the enterprise agreement largely adhered to the statutory requirements and was made in good faith. The commission noted that while some provisions required minor adjustments to ensure full compliance, these could be rectified without invalidating the overall agreement. The commission also determined that the agreement did not contain any discriminatory terms and was fair and reasonable in its entirety.

The commission approved the enterprise agreement, subject to the minor amendments necessary to align fully with the Fair Work Act. The final orders included a directive for the applicant to revise specific clauses within a specified timeframe to address the identified compliance issues.

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