DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Premier Fire Pty Ltd
(AG2020/948)

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

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 APRIL 2020

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

[1] Premier Fire Pty Ltd has made an application for approval of an enterprise agreement known as the Premier Fire 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 28 April 2020 and, in accordance with s 54, will operate from 5 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

Premier Fire Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The applicant was a small business employing a small number of employees, with the proposed agreement covering certain employees within the CEPU Electrical Division Queensland. The Fair Work Commission was tasked with determining whether the agreement met the requirements for approval under the Act. The central legal issue was whether the agreement complied with the provisions of the Fair Work Act, particularly in terms of its fairness and the process by which it was negotiated.

The Commission examined the procedural fairness of the agreement, considering whether the parties had genuinely negotiated the terms of the agreement and whether there was any evidence of coercion or undue influence. The Commission also assessed the substantive fairness of the agreement, examining whether the terms provided for a fair and reasonable outcome for the employees. The Commission noted that the agreement provided for fair wages and conditions, and that there was no evidence of any procedural unfairness in the negotiation process. The Commission concluded that the agreement was fair and reasonable, and approved it under the Act.

The Fair Work Commission approved the Premier Fire Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023, finding that it met the requirements for approval under the Fair Work Act. The Commission found that the agreement was fairly negotiated and provided for a fair and reasonable outcome for the employees covered by the agreement. The Commission noted that the agreement provided for fair wages and conditions, and that there was no evidence of any procedural unfairness in the negotiation process. The approval of the agreement ensures that the employees covered by the agreement have access to fair and reasonable terms and conditions of employment.

Premier Fire 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