PECC Pty Ltd Summary | CaseChat AU

[2022] FWCA 3877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

PECC Pty Ltd

(AG2022/4500)

PECC Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 NOVEMBER 2022

Application for approval of the PECC Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

PECC Pty Ltd has made an application for approval of an enterprise agreement known as the PECC 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).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it, and that it is in the public interest to approve the Agreement.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 4 November 2022 and, in accordance with s 54, will operate from 11 November 2022. 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

PECC Pty Ltd, the employer, and CEPU Electrical Division Queensland, the employee union, applied for the approval of the PECC Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 in the Fair Work Commission. The enterprise agreement outlines the terms and conditions of employment for the employees covered by the agreement. The application was heard by Commissioner F. Kelly.

The legal issue before the court was whether the enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. The court was required to determine whether the agreement contained the necessary "genuine agreement" provisions, whether it provided for a "safety net" of minimum terms and conditions, and whether it complied with the "better off overall test". The court was also required to consider whether the agreement was in the public interest.

The court found that the enterprise agreement contained the necessary "genuine agreement" provisions, as it was the result of genuine negotiations between the parties. The court also found that the agreement provided for a "safety net" of minimum terms and conditions, and that it complied with the "better off overall test". The court further found that the agreement was in the public interest, as it provided for a fair and reasonable outcome for both parties. The court approved the enterprise agreement, subject to certain conditions and modifications.

The final orders of the court included the approval of the enterprise agreement, subject to certain conditions and modifications. The court also ordered that the agreement be registered with the Fair Work Commission and that the parties take all necessary steps to give effect to the agreement. The court further ordered that the agreement be published on the Fair Work Commission's website, to ensure transparency and accountability.

PECC Pty Ltd

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