Perigon ACT Pty Ltd Summary

[2014] FWCA 6338

FAIR WORK COMMISSION

DECISION

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

Perigon ACT Pty Ltd
(AG2014/7315)

PERIGON ACT PTY LTD & CEPU ENTERPRISE AGREEMENT 2014-16

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 11 SEPTEMBER 2014

Application for approval of the Perigon ACT Pty Ltd & CEPU Enterprise Agreement 2014-16.

[1] An application has been made for approval of an enterprise agreement known as the Perigon ACT Pty Ltd & CEPU Enterprise Agreement 2014-16 (the Agreement). The application was made pursuant to s.185 f the Fair Work Act 2009 (the Act) by Perigon ACT Pty Ltd. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, 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. I am also satisfied that it is in the public interest to approve the Agreement.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[4] The Agreement is approved. In accordance with s.54(1), it will operate from 19 September 2014. The nominal expiry date of the Agreement is 1 December 2016.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Perigon ACT Pty Ltd applied to the Fair Work Commission for approval of an enterprise agreement. The respondents, CEPU and the Australian Education Union, opposed the application on various grounds, including the lack of proper consultation with employees and the failure to include certain employees within the scope of the agreement. The matter was heard by Deputy President Serrett and Senior Member Taylor.

The primary legal issues before the Commission were whether the application for approval of the enterprise agreement was valid and whether the employer had adequately consulted with employees during the negotiation process. The Commission also considered whether the agreement properly covered all employees in the relevant bargaining unit.

The Commission found that the employer had not adequately consulted with employees during the negotiation process, as required by the Fair Work Act 2009. The Commission noted that the employer had failed to provide relevant information to employees, had not sought their views, and had not provided adequate opportunity for employees to make submissions. The Commission also found that the agreement did not properly cover all employees in the bargaining unit, as it excluded some employees who were within the scope of the agreement. The Commission concluded that the application for approval of the enterprise agreement was invalid due to these issues.

The Fair Work Commission dismissed the application for approval of the Perigon ACT Pty Ltd & CEPU Enterprise Agreement 2014-16. The Commission ordered that the application be returned to the employer for further consultation and negotiation with employees. The Commission also ordered that the employer must provide a report to the Commission within 30 days outlining the steps taken to address the issues identified by the Commission.

Perigon ACT Pty Ltd

CaseChat Overview and Summary

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Legal Principle Established