Modcol Pty Ltd

[2021] FWCA 7324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Modcol Pty Ltd
(AG2021/8943)

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

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 DECEMBER 2021

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

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

[2] 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) I note that the Agreement covers the organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. 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

Modcol Pty Ltd applied to the Fair Work Commission for approval of a proposed enterprise agreement, the Modcol Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023. The agreement was submitted for approval under section 231 of the Fair Work Act 2009. The application for approval involved consideration of whether the agreement met the requirements for direct agreement, including whether it was a "better off overall test" (BOOT) agreement.

The legal issues before the Commission included whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act, including the BOOT. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees, and whether it was genuinely negotiated between the employer and the relevant union. Additionally, the Commission examined whether the agreement contained any terms that were contrary to public policy or contravened any other law.

The Fair Work Commission found that the proposed agreement met the requirements for direct agreement under the Fair Work Act. The Commission considered the evidence and submissions provided by the parties and concluded that the agreement was fairly negotiated and provided for fair and reasonable terms and conditions for the employees. The Commission also found that the agreement met the BOOT and did not contain any terms that were contrary to public policy or contravened any other law. The Commission approved the agreement, and it became a legally binding enterprise agreement between Modcol Pty Ltd and the CEPU Electrical Division Queensland.

The final orders of the Commission were that the Modcol Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 be approved as a registered agreement under section 176 of the Fair Work Act. The agreement was to be registered on the Register of Approved Agreements maintained by the Fair Work Commission. The approval was subject to the agreement being in force on the date of registration and remaining in force for the period specified in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established