Red Lightning Installations Pty Ltd

[2013] FWCA 6352

The attached document replaces the document previously issued with the above code on 30 August 2013.

There was a typographical error in the title of the agreement.

Stevie Smith

Associate to Commissioner Riordan

Dated: 30 August 2013

[2013] FWCA 6352

FAIR WORK COMMISSION

DECISION

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

Red Lightning Installations Pty Ltd
(AG2013/2338)

RED LIGHTNING INSTALLATIONS PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2012-2015.

Electrical contracting industry
COMMISSIONER RIORDAN	SYDNEY, 30 AUGUST 2013

Application for approval of the Red Lightning Installations 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 Red Lightning Installations 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 Red Lightning Installations 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 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 and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 31 December 2015.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the parties involved in this dispute were Red Lightning Installations Pty Ltd and CEPU Electrical Division Queensland, concerning the approval of the Red Lightning Installations Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2012-2015. The CEPU sought approval for the agreement, which outlined the terms and conditions of employment for its members employed by Red Lightning. The primary issue before the court was whether the agreement met the requirements for approval under the Fair Work Act 2009, specifically sections 172 and 186, which mandate that an enterprise agreement be certified as "no disadvantage" and "in the interests of the national system".

The court examined whether the agreement provided for fair and reasonable terms, ensuring no party was disadvantaged and that it aligned with the national system of industrial relations. The agreement was scrutinised for compliance with minimum entitlements, including minimum wages, penalty rates, and leave provisions. Additionally, the court assessed whether the agreement contained provisions that might undermine the principles of the national system, such as excessively limiting employees' rights or imposing unreasonable obligations on employers.

Upon review, the court found that the agreement provided for fair and reasonable terms and conditions of employment, with no party disadvantaged. The agreement included provisions that complied with minimum entitlements and did not impose unreasonable obligations on either party. The court also determined that the agreement did not undermine the principles of the national system. Consequently, the court approved the agreement, finding it met the necessary criteria for certification under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established