DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perigon Pty Ltd
(AG2020/1121)

PERIGON PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 APRIL 2020

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

[1] Perigon Pty Ltd has made an application for approval of an enterprise agreement known as the Perigon 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). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 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 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 30 April 2020 and, in accordance with s 54, will operate from 7 May 2020. 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

Perigon Pty Ltd sought approval of the Perigon Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 before the Fair Work Commission (FWC). The agreement was intended to cover employees who are members of the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The matter was brought before the FWC because the enterprise agreement was subject to the Fair Work Act 2009, which requires certain agreements to be registered by the FWC to be legally enforceable.

The key legal issue was whether the agreement met the requirements for approval under the Fair Work Act. Specifically, the FWC needed to determine if the agreement was made in good faith and whether it contained the necessary provisions to be considered a simple, fair and efficient agreement. The FWC also had to ensure that the agreement did not adversely affect employees' general entitlement to minimum wage rates, leave, and other employment conditions.

In making its decision, the FWC examined the negotiation process, the content of the agreement, and the views of the parties involved. The FWC found that the agreement was made in good faith, as there was evidence of genuine negotiations between the parties and the agreement reflected a fair compromise of the issues discussed. The FWC also determined that the agreement contained all the necessary provisions and did not adversely affect the employees' general entitlements. Based on these findings, the FWC approved the agreement.

The FWC's final order was to approve the Perigon Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023, making it legally binding on the parties involved. This decision ensured that the employees covered by the agreement would have their employment conditions governed by the terms of the agreement, subject to any variations or amendments made in the future.

Perigon Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established