Recom Electrical Services QLD PTY LTD

[2014] FWCA 7438

FAIR WORK COMMISSION

DECISION

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

Recom Electrical Services QLD PTY LTD
(AG2014/7771)

RECOM ELECTRICAL SERVICES (QLD) PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012 - 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 21 OCTOBER 2014

Application for approval of the Recom Electrical Services (Qld) 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 Recom Electrical Services (Qld) 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). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 28 October 2014. 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 matter before the Fair Work Commission involved an application for the approval of the Recom Electrical Services (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015. The application was brought by the CEPU Electrical Division Queensland, and the applicant was Recom Electrical Services (Qld) Pty Ltd. The central dispute pertained to the terms and conditions of employment outlined in the proposed enterprise agreement.

The key legal issues that the Fair Work Commission had to resolve included whether the proposed agreement met the criteria for "registration" under the Fair Work Act 2009, particularly if it provided for terms and conditions of employment that were no worse off and better off than the relevant award or safety net. Additionally, the Commission needed to determine whether the agreement complied with the "better off overall test" and if it adequately addressed the interests of the employees covered by the agreement.

The Fair Work Commission, after considering the submissions from both parties and reviewing the relevant legislative framework, found that the proposed enterprise agreement met the necessary criteria. The Commission concluded that the agreement did not result in any employee being worse off than they would be under the applicable award or safety net, and that the agreement was indeed better off overall for the employees. The Commission highlighted that the agreement included provisions that improved upon the conditions set out in the relevant award, including specific increases in wages and allowances, as well as additional benefits. Consequently, the Fair Work Commission approved the Recom Electrical Services (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012 - 2015.

The final orders included the approval of the enterprise agreement, which would now be registered and enforceable under the Fair Work Act 2009. This decision provided clarity and certainty for both the employer and the employees regarding their rights and obligations under the new agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established