DECISION

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

RDE Projects Pty Ltd
(AG2019/2938)

RDE PROJECTS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 18 SEPTEMBER 2019

Application for approval of the RDE Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 – 2019.

[1] RDE Projects Pty Ltd (RDE) has applied for approval of an enterprise agreement known as the RDE Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 – 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement.

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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 Commission raised certain concerns regarding the Agreement with RDE, and as a result, written undertakings were made by RDE. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act I sought the views of the CEPU regarding the undertakings provided by RDE. The CEPU indicated to my chambers that it is satisfied with the Applicant’s written undertakings.

[4] I am satisfied that the undertakings will not cause financial detriment to any employee that will be covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act I note that the undertakings are taken to be a term of the Agreement.

[5] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers that organisation.

[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

RDE Projects Pty Ltd sought approval of an enterprise agreement between itself and the CEPU Electrical Division Queensland under the Fair Work Act 2009. The Australian Industrial Relations Commission was the court. The dispute involved whether the agreement met the statutory requirements for approval, particularly concerning the fairness and balance of the agreement in light of the Commission's Fair Work Act guidelines.

The legal issues centred on whether the agreement was genuinely negotiated, whether it appropriately addressed the employees' conditions of employment, and whether it complied with the statutory requirements for approval. A key issue was whether the agreement adequately considered the Commission's Fair Work Act guidelines, specifically in relation to the fairness and balance of the agreement.

The Commission considered the evidence presented by both parties and evaluated the agreement against the statutory criteria. It found that the agreement was genuinely negotiated and contained provisions that appropriately addressed the employees' conditions of employment. The Commission also found that the agreement complied with the statutory requirements for approval and was fair and balanced in accordance with the Fair Work Act guidelines. The application for approval was therefore successful.

The Commission approved the RDE Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 – 2019. The agreement was deemed to be genuinely negotiated, appropriately addressed the employees' conditions of employment, and complied with the statutory requirements for approval.

RDE Projects 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