O'Donnell Griffin Pty Limited

[2013] FWCA 2131

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

O'Donnell Griffin Pty Limited
(AG2013/716)

O'DONNELL GRIFFIN PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the O'Donnell Griffin Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the O'Donnell Griffin Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by O'Donnell Griffin Pty Limited. The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act 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 (the 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. In accordance with s.201(2) I note that the Agreement covers the CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

O'Donnell Griffin Pty Limited was involved in an application for the approval of an enterprise agreement, specifically the O'Donnell Griffin Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was genuinely an enterprise agreement, whether it contained the necessary provisions to be approved, and whether the agreement had been fairly and properly negotiated. The Commission needed to ensure that the agreement complied with the provisions of the Fair Work Act and that the process of negotiation was fair and appropriate.

The Fair Work Commission found that the agreement was genuinely an enterprise agreement and had been fairly negotiated. The Commission also determined that the agreement contained all the required provisions to be approved under the Fair Work Act. The agreement was found to meet the legal standards and therefore, the Commission approved the enterprise agreement. The decision was based on a thorough examination of the negotiation process and the contents of the agreement, ensuring that it was in the best interests of the employees and the employer.

The final orders of the Commission were that the O'Donnell Griffin Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 was approved as a registered agreement under section 173 of the Fair Work Act. This approval ensures that the terms and conditions of the agreement are legally binding and enforceable between the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established