DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Perigon Pty Ltd
(AG2017/4295)

PERIGON PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER CIRKOVIC	MELBOURNE, 10 OCTOBER 2017

Application for approval of the Perigon Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[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 2015-2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 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.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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.

[6] The Agreement was approved on 10 October 2017 and, in accordance with s.54, will operate from 17 October 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Perigon Pty Ltd, represented by the employer, sought approval of the Perigon Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 from the Fair Work Commission. The agreement was contested by the Electrical Trades Union of Australia, on behalf of the employees. The dispute centred around the fairness and appropriateness of various provisions within the enterprise agreement, particularly concerning pay rates, allowances, and conditions of employment.

The central legal issues before the Commission involved determining whether the proposed agreement met the statutory requirements under the Fair Work Act 2009, specifically sections regarding the "better off overall test" and the "safety net." The Commission had to consider if the agreement provided employees with at least the national safety net of minimum wages and conditions and whether it offered employees a genuine improvement in their terms and conditions of employment compared to the applicable award or registered agreement.

The Fair Work Commission assessed the agreement provisions against the legislative criteria. The Commission found that the agreement provided employees with terms and conditions that were not worse off than those provided under the applicable award. Furthermore, the agreement offered several improvements, including higher pay rates, better allowances, and enhanced conditions for certain groups of employees. These factors collectively satisfied the "better off overall test." The Commission also confirmed that the agreement complied with the safety net provisions, ensuring that all employees were adequately protected. Therefore, the Commission approved the Perigon Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

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