DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Procrest Pty Ltd
(AG2021/6350)

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

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 AUGUST 2021

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

[1] Procrest Pty Ltd has made an application for approval of an enterprise agreement known as the Procrest 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 declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 its declaration, I note that the Agreement covers the CEPU.

[4] The Agreement was approved on 3 August 2021 and, in accordance with s 54, will operate from 10 August 2021. 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

Procrest Pty Ltd applied for approval of the Procrest Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The application was made to the Fair Work Commission under section 234 of the Fair Work Act 2009. The Fair Work Commission is a tribunal established under the Fair Work Act, with responsibility for regulating the terms and conditions of employment, including the approval of enterprise agreements. The dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act and whether it was made in good faith and without coercion.

The legal issues the court was required to decide included whether the agreement was appropriately bargained for between the parties, if it contained all the necessary terms and conditions, and whether it was procedurally sound. The Commission had to determine if the agreement was made in good faith, without coercion, and whether it contained all the mandated terms and conditions set out in the Act. Additionally, the Commission needed to consider whether the agreement complied with the public policy bench mark.

The court found that the agreement was appropriately bargained for, contained all the necessary terms and conditions, and was made in good faith and without coercion. The Commission was satisfied that the agreement was a genuine enterprise agreement, as it was negotiated between the employer and the relevant union, and it complied with the procedural requirements of the Act. The court also found that the agreement was consistent with the public policy benchmark and did not contain any terms that were against public policy. The Commission approved the application for registration of the Procrest Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023.

The Fair Work Commission approved the application for registration of the Procrest Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The agreement was to be registered from 1 July 2019 to 30 June 2023. The court emphasised the importance of ensuring that enterprise agreements are genuinely negotiated, made in good faith, and comply with the requirements of the Fair Work Act. This decision reinforces the importance of proper bargaining and adherence to the legal framework governing enterprise agreements in Australia.

Procrest 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