DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SDF Electrical Pty Ltd
(AG2017/3722)

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

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 OCTOBER 2017

Application for approval of the SDF Electrical 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 SDF Electrical 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 SDF Electrical 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.

[4] The Agreement contained a minor error at clause 11. Pursuant to section 586(a) of the Act, the error is corrected in the published Agreement.

[5] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[6] 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 October 2017. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, SDF Electrical Pty Ltd, sought approval for an enterprise agreement with its employees, represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The dispute centred around the terms of the SDF Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The matter was heard in the Fair Work Commission, where the primary issue was whether the agreement met the necessary legal criteria for approval under the Fair Work Act 2009.

The legal issues before the court involved assessing whether the agreement complied with the statutory requirements outlined in the Fair Work Act. Key considerations included whether the agreement provided for a genuine enterprise bargain, the inclusion of minimum terms and conditions, and whether it had been fairly negotiated. The court also needed to determine if the agreement was in the best interests of the employees and whether it complied with the procedural requirements of the Act.

The Fair Work Commission found that the agreement met all the necessary legal criteria for approval. The agreement had been genuinely negotiated, included all required minimum terms, and was in the best interests of the employees. The Commission emphasised that the agreement's provisions were fair and reasonable, addressing the needs of both the employer and the employees. After carefully considering the evidence and arguments presented, the Commission approved the enterprise agreement.

The Fair Work Commission approved the SDF Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018, effective from the date of the decision. The agreement was to be registered with the Fair Work Ombudsman and would govern the employment terms and conditions of the employees for the specified period.

SDF Electrical 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