RDE Projects Pty Ltd Summary

[2013] FWCA 6167

FAIR WORK COMMISSION

DECISION

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

RDE Projects Pty Ltd
(AG2013/2386)

RDE PROJECTS PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 30 AUGUST 2013

Application for approval of the RDE Projects Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015.

[1] An application has been made for approval of an enterprise agreement known as the RDE Projects Pty Ltd & 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). It has been made by RDE Projects Pty Ltd (the Employer) and nominates the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) as the relevant Employee Organisation with which the Agreement was made. The Agreement is a greenfields agreement.

[2] 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 particular, I am satisfied that the CEPU, are 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 and, in accordance with s.54 of the Act, will operate from 6 September 2013. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, RDE Projects Pty Ltd, sought approval of a proposed enterprise agreement under the Fair Work Act 2009. The proposed agreement was between RDE Projects Pty Ltd and the CEPU Electrical Division. The application was brought before the Fair Work Commission, with the parties in attendance, to consider whether the agreement met the criteria for approval under the Act.

The central legal issues before the Commission involved whether the agreement was a genuine enterprise agreement, whether it complied with the procedural requirements of the Act, and whether it met the substantive requirements, including provisions for pay rates, conditions of employment, and dispute resolution mechanisms.

The Commission found that the agreement was genuinely an enterprise agreement as it was negotiated between the employer and the union, and not imposed by either party. It was also found to comply with procedural requirements, including proper notice and opportunity for consultation with employees. The substantive provisions were examined to ensure they did not undermine the protection afforded by the National Employment Standards and other safety nets. The Commission concluded that the agreement was fair and reasonable, and thus met the requirements for approval. The Commission approved the agreement based on the evidence and submissions presented.

The Fair Work Commission approved the RDE Projects Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015, finding it to be a genuine, procedurally compliant, and substantively fair agreement. This decision was based on the evidence provided by both parties and the Commission's assessment of the agreement's compliance with the Fair Work Act 2009.

RDE Projects Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established