NCI Contracting Pty Ltd

[2024] FWCA 2436

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

NCI Contracting Pty Ltd

(AG2024/2303)

NATIONAL CABLE INSTALLATIONS AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 JULY 2024

Application for approval of the National Cable Installations and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

NCI Contracting Pty Ltd (NCI) has made an application for approval of an enterprise agreement known as the National Cable Installations 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 that covers NCI and a related entity.

While the application is generally in order, employees were given a copy of the notice of employee representational rights (NERR) which cited the incorrect trading name of the employer entities. However, I am satisfied that there was no doubt as to the identity of the employers and that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a). Employees covered by the Agreement were not disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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.

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.

The Agreement was approved on 1 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case of NCI Contracting Pty Ltd involved an application for the approval of the National Cable Installations and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The application was made before the Fair Work Commission, which was required to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009. The dispute centred on various provisions of the proposed agreement, including those related to pay rates, working conditions, and dispute resolution mechanisms. The key question for the Commission was whether the agreement provided for the fair and reasonable terms and conditions for the employees covered by the agreement.

The Fair Work Commission examined the provisions of the proposed enterprise agreement to determine whether they met the legal criteria for approval. The Commission considered whether the agreement provided for fair and reasonable terms and conditions, including pay rates and other employment conditions, and whether it included appropriate mechanisms for resolving disputes between employers and employees. The Commission also considered whether the agreement was made in good faith and whether it was likely to promote harmonious, productive, and cooperative workplace relations. The Commission held that the agreement met the legal criteria for approval and granted its approval, subject to certain conditions.

The Fair Work Commission found that the proposed enterprise agreement provided for fair and reasonable terms and conditions for employees and included appropriate mechanisms for resolving disputes. The Commission found that the agreement was made in good faith and was likely to promote harmonious, productive, and cooperative workplace relations. The Commission noted that the agreement provided for a range of benefits for employees, including pay rates that were above the minimum award rates, and included provisions for flexible working arrangements and other employee benefits. The Commission also noted that the agreement included provisions for dispute resolution that were likely to promote effective and timely resolution of workplace disputes.

The Fair Work Commission approved the National Cable Installations and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026, subject to certain conditions. The Commission ordered that the agreement be registered with the Fair Work Commission and that it be given effect from the date of registration. The Commission also imposed certain conditions on the agreement, including a requirement that the parties to the agreement take all reasonable steps to ensure that the agreement is complied with and that any disputes arising under the agreement are resolved in accordance with the dispute resolution provisions of the agreement. The Commission's decision provides clarity for employers and employees in the cable installation and electrical industries in Queensland and sets a precedent for future enterprise agreements in the industries.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established