DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perigon Pty Ltd
(AG2019/1583)

PERIGON PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018-2019

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 17 JUNE 2019

Application for approval of the Perigon Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019.

[1] An application has been made for approval of an enterprise agreement known as the Perigon Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Perigon Pty Ltd. The Agreement is a single enterprise agreement.

[2] 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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) I note that the Agreement covers the organisation.

[4] The Agreement was approved on 17 June 2019 and, in accordance with s.54, will operate from 24 June 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Perigon Pty Ltd applied to the Fair Work Commission for approval of the Perigon Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019. The application was made by Perigon Pty Ltd, an employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMU), the representative of employees. The agreement in question was a proposed enterprise agreement between the employer and the union, which aimed to regulate the terms and conditions of employment for employees within the specified enterprise.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement contained only permissible provisions, if it was free from any procedural defects, and if it was consistent with the Fair Work (Registered Organisations) Act 2009. Additionally, the Commission considered whether the agreement provided for the genuine resolution of the bargaining issues, as required by the Fair Work Act.

In reaching its decision, the Commission carefully reviewed the provisions of the agreement and the bargaining process that led to its creation. The Commission found that the agreement contained only permissible provisions, was free from procedural defects, and was consistent with the relevant legislation. The Commission also determined that the agreement provided for the genuine resolution of the bargaining issues, as it addressed key matters of importance to both the employer and the employees. Consequently, the Commission approved the agreement, finding it to be a fair and reasonable enterprise agreement for the purposes of the Fair Work Act.

The Fair Work Commission approved the Perigon Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019. The approval was made under the authority of the Fair Work Act 2009, and the agreement now regulates the terms and conditions of employment for employees within the specified enterprise. The decision of the Commission is final and binding, and both the employer and the employees are required to comply with the provisions of the approved agreement.

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