NCH Electrical & Data Pty Ltd

Case [2024] FWCA 1406
[2024] FWCA 1406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NCH Electrical & Data Pty Ltd

(AG2024/1168)

NCH ELECTRICAL & DATA PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry

DEPUTY PRESIDENT COLMAN

MELBOURNE, 18 APRIL 2024

Application for approval of the NCH Electrical & Data Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

  1. NCH Electrical & Data Pty Ltd has made an application for approval of an enterprise agreement known as the NCH Electrical & Data Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

  1. 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.

  1. The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

  1. The Agreement was approved on 18 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

<AE524278  PR773673>

Details
AGLC
NCH Electrical & Data Pty Ltd [2024] FWCA 1406
Case
[2024] FWCA 1406
Decision Date

CaseChat Overview and Summary

The Fair Work Commission was presented with an application for the approval of the NCH Electrical & Data Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The application was made by NCH Electrical & Data Pty Ltd, and the registered union CEPU Electrical Division. The agreement in question is a proposed enterprise agreement intended to regulate the terms and conditions of employment for employees of NCH Electrical & Data Pty Ltd.

The legal issues before the Commission centred on whether the agreement met the requirements of the Fair Work Act 2009, particularly whether it contained all the mandatory terms prescribed by the Act, and whether it was free from any unfair content. The Commission also had to consider if the agreement had been fairly negotiated and if it complied with the procedural requirements for registration.

The Commission found that the agreement contained all the mandatory terms as prescribed by the Fair Work Act 2009. It was also determined that the agreement did not contain any unfair content and had been fairly negotiated. Furthermore, the procedural requirements for registration were met. Given these findings, the Commission approved the enterprise agreement, deeming it to be in compliance with all legislative requirements and suitable for registration. The Commission's decision was based on the thorough analysis of the agreement and the evidence provided by both parties.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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