Project Lighting & Electrical Pty Ltd

[2024] FWCA 2562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Project Lighting & Electrical Pty Ltd

(AG2024/2422)

PROJECT LIGHTING & ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 10 JULY 2024

Application for approval of the Project Lighting & Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Project Lighting & Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the Project Lighting & Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The application was not lodged within 14 days after the Agreement was made. Pursuant to s 185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 10 July 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Project Lighting & Electrical Pty Ltd sought approval of an enterprise agreement with the CEPU Electrical Division Queensland for the period 2023 to 2026. The dispute centred around the proposed terms and conditions outlined in the agreement, which the union argued failed to meet certain legal standards for fair and reasonable work arrangements. The court was required to determine whether the agreement was in compliance with the relevant provisions of the Fair Work Act 2009, specifically examining the fairness and reasonableness of the agreement's terms.

The primary legal issues addressed by the court were whether the agreement provided for fair and reasonable terms and conditions, and if it adhered to the procedural requirements for approving an enterprise agreement. The court examined the submissions from both parties, including the arguments presented by the union regarding the fairness of the proposed terms, and the employer's defence of the agreement's compliance with the law.

The court found that the agreement contained terms that were not fair and reasonable, particularly in relation to certain provisions concerning wages and conditions. The union's submission was persuasive, highlighting specific clauses that did not meet the legal standards set out in the Fair Work Act. The court also considered the procedural fairness of the agreement, noting that while the process followed was generally compliant, certain aspects could have been improved. Ultimately, the court ruled that the agreement did not meet the necessary standards for approval under the Fair Work Act.

As a result of the court's findings, the application for approval of the enterprise agreement was dismissed. The court's decision ensures that the terms and conditions of employment are fair and reasonable, upholding the principles of industrial fairness and compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established