Project Lighting & Electrical Pty Ltd

[2018] FWCA 4745

FAIR WORK COMMISSION

decision

Fair Work Act 2009

s.185—Enterprise agreement

Project Lighting & Electrical Pty Ltd

(AG2018/3449)

Project Lighting & Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018

Electrical contracting industry
Commissioner Wilson	MELBOURNE, 13 AUGUST 2018

Application for approval of the Project Lighting & Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

An application has been made for approval of an enterprise agreement known as the Project Lighting & Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Project Lighting & Electrical Pty Ltd. The Agreement is a single enterprise agreement.

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.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 20 August 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Project Lighting & Electrical Pty Ltd sought approval of an enterprise agreement, the Project Lighting & Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018. The application was made to the Fair Work Commission, which must assess such agreements for compliance with the Fair Work Act 2009. The application was opposed by the Electrical Trades Union of Australia, who argued that the agreement did not meet the requirements for approval.

The key legal issues were whether the agreement had been made in accordance with the statutory provisions, and whether it met the criteria for being a lawful and fair agreement. This included examining the process by which the agreement was negotiated, the extent to which it complied with the Fair Work Act, and whether it provided for fair and reasonable terms and conditions of employment. The Court also considered whether the agreement adequately addressed the needs of the workforce and whether it was consistent with the principles of the Fair Work Act.

The Fair Work Commission found that the agreement had been negotiated in good faith and in accordance with the statutory requirements. It determined that the agreement provided for fair and reasonable terms and conditions of employment, and was consistent with the principles of the Fair Work Act. The Commission concluded that the agreement was not only procedurally valid but also substantively fair, providing for appropriate protections and benefits for the employees. Accordingly, the Fair Work Commission approved the agreement.

No further orders were made by the Court. The approval of the enterprise agreement means that it will now be legally binding on the parties involved, setting out the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established