DECISION

Fair Work Act 2009
s.185—Enterprise agreement

National Cable Installations Pty Ltd
(AG2017/4482)

NATIONAL CABLE INSTALLATIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER JOHNS	SYDNEY, 1 NOVEMBER 2017

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

[1] On 26 September 2017 National Cable Installations Pty Ltd (Applicant) made an application for approval of the National Cable Installations Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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.

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

[4] 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), the Commission notes that the Agreement covers this organisation.

[5] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 8 November 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, the National Union of Workers sought approval of an enterprise agreement entered into by National Cable Installations Pty Ltd and the CEPU Electrical Division Queensland Enterprise Agreement for the period 2015 to 2018. The application for approval was made under section 233 of the Fair Work Act 2009. The primary dispute centred around whether the agreement complied with the procedural and substantive requirements stipulated under the Act. The Fair Work Commission was tasked with determining if the agreement was fairly negotiated and if it met the criteria for being deemed a "better off overall" agreement.

The central legal issues before the Commission involved scrutinising the negotiation process to ensure it adhered to the procedural prerequisites and evaluating the substantive content of the agreement to ascertain if it provided fair terms and conditions of employment. The Commission had to verify that the agreement was not only fairly negotiated but also met the statutory requirement of being "better off overall" for the employees covered by the agreement. Furthermore, the Commission needed to confirm that the agreement did not contravene any provisions of the Act, such as those related to minimum wages, penalty rates, and other employment standards.

In rendering its decision, the Commission meticulously examined the negotiation records to confirm compliance with the procedural mandates. It was determined that the agreement had been fairly negotiated, with proper representation and participation by the relevant parties. The substantive content of the agreement was also found to be fair, providing terms and conditions that were better off overall for the employees. The Commission was satisfied that the agreement did not contravene any statutory provisions and thus approved the application for registration. The Fair Work Commission's decision was that the National Cable Installations Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 was approved and registered under section 233 of the Fair Work Act 2009.

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