Regional Instrumentation and Electrical Services Pty Ltd Summary

[2014] FWCA 2869

FAIR WORK COMMISSION

DECISION

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

Regional Instrumentation and Electrical Services Pty Ltd
(AG2014/884)

REGIONAL INSTRUMENTATION AND ELECTRICAL SERVICES PTY LTD CSG - UPSTREAM WORKS FIRST PHASE ENTERPRISE AGREEMENT 2014

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 19 MAY 2014

Application for approval of the Regional Instrumentation and Electrical Services Pty Ltd CSG - Upstream Works First Phase Enterprise Agreement 2014.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 15 April 2014 by Regional Instrumentation and Electrical Services Pty Ltd for the approval of a single-enterprise agreement known as the Regional Instrumentation and Electrical Services Pty Ltd CSG - Upstream Works First Phase Enterprise Agreement 2014(“the Agreement”).

[2] On 19 May 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[3] In light of the employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[4] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”) being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants to be covered by the Agreement. In accordance with s.201(2) of the Act, I note that the Agreement covers the CEPU.

[5] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[6] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Regional Instrumentation and Electrical Services Pty Ltd, sought approval for the Regional Instrumentation and Electrical Services Pty Ltd CSG - Upstream Works First Phase Enterprise Agreement 2014. The application was brought before the Fair Work Commission, which was asked to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement satisfied the requirements for approval as an enterprise agreement under the Act. This involved considering whether the agreement had been made in good faith and whether it contained the necessary minimum terms and conditions as prescribed by law. The Commission also had to determine whether the agreement had been certified by a relevant independent body and whether it complied with the provisions of the Act concerning the coverage and scope of the agreement.

In its decision, the Commission noted that the agreement had been made in good faith and contained the required minimum terms and conditions. It was also certified by an independent body and met the necessary criteria concerning the coverage and scope of the agreement. The Commission concluded that the agreement complied with all relevant provisions of the Act and was therefore eligible for approval. The Commission approved the agreement, allowing it to be registered and enforced as a binding enterprise agreement.

The Fair Work Commission approved the Regional Instrumentation and Electrical Services Pty Ltd CSG - Upstream Works First Phase Enterprise Agreement 2014, finding it met all necessary criteria for approval under the Fair Work Act 2009. The agreement is now registered and enforceable as a binding enterprise agreement.

Regional Instrumentation and Electrical Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established