DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Cable Installations Pty Ltd
(AG2020/4134)

NATIONAL CABLE INSTALLATIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 JANUARY 2021

Application for approval of the National Cable Installations Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

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

[2] On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 6 January 2021 and, in accordance with s 54, will operate from 13 January 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

In the Fair Work Commission, National Cable Installations Pty Ltd sought approval for the National Cable Installations Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023. The dispute centred around whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The Commission was tasked with determining if the agreement provided for fair and reasonable terms and conditions, and if it had been genuinely agreed upon by the parties.

The primary legal issue the Commission had to decide was whether the agreement contained terms that were fair and reasonable, and if it was genuinely negotiated between the employer and the employees' representative. The Commission also needed to assess whether the agreement was in the best interests of the employees and if it complied with the mandatory requirements of the Fair Work Act. Additionally, the Commission considered whether there was sufficient evidence to demonstrate that the agreement had been genuinely agreed upon by the parties.

The Commission found that the agreement provided for fair and reasonable terms and conditions, taking into account the nature of the industry, the economic circumstances, and the bargaining power of the parties. The Commission was satisfied that the agreement had been genuinely negotiated and that there was sufficient evidence to demonstrate this. The Commission also concluded that the agreement was in the best interests of the employees and complied with the mandatory requirements of the Fair Work Act. As a result, the Commission approved the National Cable Installations Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

National Cable Installations 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