SDF Electrical Pty Ltd

[2021] FWCA 7297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SDF Electrical Pty Ltd
(AG2021/8769)

SDF ELECTRICAL PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 24 DECEMBER 2021

Application for approval of the SDF Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

[1] SDF Electrical Pty Ltd (the Employer) has applied for approval of an enterprise agreement known as the SDF Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (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 have taken into consideration the material filed in the Commission. 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. The Agreement does not cover all of the employees of the employer, however, taking into account s.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[3] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) 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) of the Act I note that the Agreement covers the CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 December 2021. The nominal expiry date of the Agreement is 31 July 2023.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the matter of the application for approval of the SDF Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 was presented. The application was made by SDF Electrical Pty Ltd and the CEPU Electrical Division, with the Fair Work Commission being the adjudicating body. The dispute centred around the approval of a proposed enterprise agreement between the two parties. The agreement was subject to scrutiny to determine if it complied with the relevant provisions of the Fair Work Act 2009.

The central legal issue the court had to address was whether the proposed agreement met the requirements for approval under section 234 of the Fair Work Act 2009. This required an examination of whether the agreement was appropriately made, contained the mandated terms and conditions, and did not contravene any provisions of the Act or the National Employment Standards. Additionally, the court needed to assess if the agreement was made in good faith and if it included adequate provisions for employee representation and dispute resolution.

Upon review, the Fair Work Commission found that the proposed agreement satisfied the statutory requirements for approval. The agreement was deemed to have been made in good faith, contained all the necessary terms and conditions, and did not violate any provisions of the Fair Work Act 2009 or the National Employment Standards. The court also noted that the agreement included appropriate mechanisms for employee representation and dispute resolution. Consequently, the Commission approved the agreement, finding it to be fair and reasonable.

No further orders were made by the Commission beyond the approval of the agreement. The agreement was therefore to be implemented as per its terms, providing the basis for employment conditions between the parties for the duration specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established