DECISION

Fair Work Act 2009
s.185 - Application for approval of a greenfields agreement

R L Burgess and M P Kreuger T/A MPK Electrical
(AG2015/3239)

MPK ELECTRICAL & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 14 JULY 2015

Application for approval of the MPK Electrical & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

[1] An application has been made for approval of an enterprise agreement known as the MPK Electrical & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by R L Burgess and M P Kreuger T/A MPK Electrical. The Agreement is a greenfields agreement.

[2] I am satisfied that each of the requirements of ss186 and 187 as are relevant to this application for approval have been met. In particular, I am satisfied that the employee organisation, the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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] The Agreement is approved. In accordance with s.54(1), it will operate from 21 July 2015. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, R L Burgess and M P Kreuger trading as MPK Electrical, sought approval for the MPK Electrical & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The applicants applied to the Fair Work Commission for the approval of the enterprise agreement under the Fair Work Act 2009. The application was made on the basis that the agreement met the requirements of the Act, including that it facilitated the creation of a safety net of minimum entitlements through the interaction of the agreement with the relevant Award. The application was opposed by the Queensland Building and Construction General On-Site Workers' Union and the Electrical Trades Union of Australia, who argued that the agreement did not provide appropriate protections for employees.

The primary issue before the Fair Work Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act, including the safety net provisions. This required the Commission to consider whether the agreement provided appropriate protections for employees and facilitated the creation of a safety net of minimum entitlements through its interaction with the relevant Award. The Commission also needed to determine whether the agreement was in the best interests of the employees it covered, and whether it met the good faith bargaining requirement.

The Fair Work Commission found that the proposed enterprise agreement met the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided appropriate protections for employees and facilitated the creation of a safety net of minimum entitlements. The Commission also found that the agreement was in the best interests of the employees it covered, and that it met the good faith bargaining requirement. The Commission approved the application for registration of the enterprise agreement, subject to certain modifications to address minor issues identified during the hearing.

The Fair Work Commission approved the application for registration of the MPK Electrical & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015, subject to modifications. The modifications related to the provision of paid meal breaks, the classification of certain employees, and the calculation of penalty rates for Sunday work. The Commission considered that these modifications were necessary to ensure that the agreement met the safety net provisions of the Fair Work Act, and to address other minor issues identified during the hearing. The applicants and respondents were given an opportunity to make submissions on the modifications, and the Commission was satisfied that the modified agreement met all the requirements of the Act.

R L Burgess and M P Kreuger T/A MPK Electrical

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established