LCE Queensland Pty Ltd Summary

[2018] FWCA 6130

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

LCE Queensland Pty Ltd

(AG2018/5154)

LCE Queensland Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018

Electrical contracting industry
Commissioner Johns	SYDNEY, 3 OCTOBER 2018

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

An application has been made for approval of an enterprise agreement known as the LCE Queensland Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by LCE Queensland Pty Ltd. The Agreement is a single enterprise agreement.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 October 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, LCE Queensland Pty Ltd, sought approval of the LCE Queensland Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018. The respondent, CEPU Electrical Division Queensland, contested the application on various grounds, including that the agreement did not meet the requirements of the Fair Work Act 2009. The matter was heard in the Fair Work Commission.

The legal issues before the court revolved around whether the enterprise agreement complied with the statutory provisions under the Fair Work Act 2009. Specifically, the court had to determine if the agreement contained all the mandatory terms required by the Act, if it was free from prohibited content, and if the process by which the agreement was made was valid. Additionally, the court had to assess if the agreement met the genuine agreement test, ensuring it was not made under duress or coercion.

The Fair Work Commission examined the contents and the process of the agreement. It found that the agreement was comprehensive and included all necessary mandatory terms. The Commission also determined that the agreement was free from prohibited content and was not made under duress. The Commission concluded that the agreement was a genuine one, as it was made through a proper process of negotiation and consultation. Therefore, the application for approval was successful.

The Fair Work Commission approved the LCE Queensland Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018, declaring it to be a registered agreement under the Fair Work Act 2009. This decision allows the terms of the agreement to be legally enforceable between the parties.

LCE Queensland Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established