DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Procrest Pty Ltd
(AG2019/2556)

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

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2019

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

[1] Procrest Pty Ltd has made an application for approval of a greenfields agreement known as the Procrest Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 August 2019. The nominal expiry date of the Agreement is 31 December 2019.

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 2018 - 2019. The application was heard by the Fair Work Commission. The agreement sought approval under section 233 of the Fair Work Act 2009. The dispute involved the terms and conditions of employment for electrical division employees under the proposed enterprise agreement.

The legal issues before the Commission involved whether the agreement met the requirements for approval under the Fair Work Act. Key issues included whether the agreement provided for minimum entitlements, whether it was free from prohibited content, and whether it complied with the good faith bargaining obligations. The Commission also needed to consider whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission found that the agreement provided for all minimum entitlements as required by the Fair Work Act. The Commission considered that the agreement was free from prohibited content and that the bargaining process was conducted in good faith. The Commission determined that the agreement was in the best interests of the employees and the employer, and approved the agreement. The Commission made orders approving the Procrest Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

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