DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Project Lighting & Electrical Pty Ltd
(AG2021/6435)

PROJECT LIGHTING & ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 4 AUGUST 2021

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

[1] 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 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 4 August 2021 and, in accordance with s 54, will operate from 11 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

Project Lighting & Electrical Pty Ltd, along with the CEPU Electrical Division, applied for the approval of their enterprise agreement under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the statutory requirements for employee protection and approval, as well as whether it complied with the good faith bargaining provisions. The matter was heard in the Fair Work Commission.

The primary legal issues the court had to address were whether the agreement was made in good faith, as mandated by the Fair Work Act, and if it provided adequate protection to employees. This involved an examination of the bargaining process, the terms of the agreement, and whether it met the standards set by the Act. The court also needed to ensure that the agreement did not disadvantage employees unjustifiably and that it was fair and reasonable.

In its reasoning, the court considered the evidence provided by both parties regarding the negotiation process and the terms of the agreement. It was found that the agreement was made in good faith and met the necessary statutory standards for employee protection. The court emphasised the importance of the good faith bargaining process and highlighted that the agreement did not unjustifiably disadvantage employees. Consequently, the court approved the enterprise agreement, confirming its compliance with the relevant statutory requirements.

The Fair Work Commission approved the Project Lighting & Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023, as it met all statutory requirements and was made in good faith. The court's decision underscores the importance of fair bargaining practices and the protection of employee interests under the Fair Work Act.

Project Lighting & Electrical 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