DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Q Electrical Services Pty Ltd
(AG2018/23)

Q ELECTRICAL SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER WILSON	MELBOURNE, 16 MAY 2018

Application for approval of the Q Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Q Electrical Services 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 Q Electrical Services Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 May 2018. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Q Electrical Services Pty Ltd, along with the CEPU Electrical Division Queensland, brought an application before the Fair Work Commission to approve the Q Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The dispute centred around the validity and fairness of the terms of the proposed agreement. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval and whether it was fair and reasonable in all its aspects.

The primary legal issues that the Fair Work Commission had to address were whether the agreement had been made in accordance with the relevant provisions of the Fair Work Act 2009, and whether it contained terms that were fair and reasonable. This involved examining the process by which the agreement was made, ensuring it complied with the procedural requirements, and evaluating the substantive terms of the agreement to ensure they were fair and reasonable. The Commission also considered whether the agreement adequately covered all necessary matters and whether it provided for a safety net for employees.

The Fair Work Commission found that the agreement had been made in compliance with the statutory requirements. It noted that the negotiation process had been transparent and that the agreement had been reached through good faith bargaining. The Commission also determined that the terms of the agreement were fair and reasonable, providing adequate protections and benefits for the employees. The agreement was approved on the basis that it met the legislative criteria and that it was fair and reasonable in all its aspects.

As a result of the Commission's determination, the Q Electrical Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 was approved. The agreement will now govern the employment conditions of the employees covered by it for the specified period. The approval ensures that the terms and conditions of employment are legally binding and that both parties are bound by the provisions of the agreement.

Q Electrical Services 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