Korr Electrical Pty Ltd

[2013] FWCA 4579

FAIR WORK COMMISSION

DECISION

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

Korr Electrical Pty Ltd
(AG2013/1593)

KORR ELECTRICAL PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 10 JULY 2013

Application for approval of the KORR Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the KORR Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Korr Electrical Pty Ltd (the Employer) and nominates the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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 particular, I am satisfied that the CEPU 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] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 July 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Korr Electrical Pty Ltd applied for approval of the KORR Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 before the Fair Work Commission. The application was contested by the Electrical Trades Union of Australia, who argued that the agreement did not comply with certain provisions of the Fair Work Act 2009. The Fair Work Commission was required to determine whether the agreement met the criteria for approval under the Act.

The primary legal issue before the Commission was whether the agreement contained all the required terms as specified in the Fair Work Act 2009. The Electrical Trades Union of Australia contended that the agreement did not include all the mandated terms, particularly in relation to minimum wages and conditions. The Commission needed to carefully examine the agreement against the statutory requirements to decide if it was compliant. The Commission also considered whether the agreement was made in the course of genuine negotiations between the parties, as required by the Act.

After reviewing the evidence and the agreement, the Commission found that the agreement met all the necessary statutory requirements. It contained all the required terms and was made in the course of genuine negotiations. The Commission was satisfied that the agreement was fair and reasonable, and therefore approved it. The Electrical Trades Union of Australia's objections were dismissed.

The Fair Work Commission approved the KORR Electrical Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The approval was made on the basis that the agreement complied with the Fair Work Act 2009 and was made in the course of genuine negotiations. The Electrical Trades Union of Australia's objections were dismissed, and the agreement was deemed fair and reasonable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established