DECISION

Fair Work Act 2009
s.185—Enterprise agreement

RDE Projects Pty Ltd
(AG2017/3511)

RDE PROJECTS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 SEPTEMBER 2017

Application for approval of the RDE Projects 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 RDE Projects 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 RDE Projects 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. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[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 was approved on 15 September 2017 and, in accordance with s.54, will operate from 22 September 2017. 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

The case involved an application by RDE Projects Pty Ltd and CEPU Electrical Division for the approval of their enterprise agreement. The matter was heard in the Fair Work Commission. The central dispute was whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the applicants sought to have the agreement certified as covering all employees, and as meeting the requirements for good faith bargaining and compliance with the national employment standards.

The legal issues before the Commission centred on whether the agreement was genuinely negotiated and whether it contained the necessary provisions to ensure fair and reasonable terms for all employees. The Commission had to determine if there was evidence of genuine attempts to negotiate and if the agreement provided for minimum terms and conditions in line with the national employment standards. Additionally, the Commission needed to assess if the agreement was consistent with the principles of good faith bargaining and if it adhered to the procedural requirements for approval under the Act.

The Fair Work Commission found that the enterprise agreement had been genuinely negotiated between the parties and contained all the necessary provisions to ensure fair and reasonable terms for employees. The Commission noted that both parties had demonstrated a commitment to good faith bargaining and that the agreement complied with the national employment standards. Consequently, the Commission approved the enterprise agreement, finding it met the criteria for certification under the Fair Work Act 2009. The Commission's decision was based on the evidence presented, which showed that the agreement had been negotiated in good faith and contained the required terms and conditions.

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