DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SDF Electrical Pty Ltd
(AG2020/1417)

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

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2020

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

[1] SDF Electrical Pty Ltd has made an application for approval of an enterprise agreement known as the SDF Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] The application is generally in order however I note that the Notice of Employee Representational Rights (NERR) issued to employees was not completed in the prescribed form because the content of the NERR failed to remove the inapplicable paragraphs of the template. However, in all the circumstances, and having regard to the decision of the Full Bench in Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others, 1I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(2)(a). Further, I am satisfied that the employees covered by the agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188(2) of the Act.

[3] The Employer 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. The undertakings are taken to be a term of the agreement.

[4] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187, 188 and 190 as are relevant to this application for approval has been met.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement was approved on 28 May 2020 and, in accordance with s 54, will operate from 4 June 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Annexure A

1 [2019] FWCFB 318

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, SDF Electrical Pty Ltd, sought the Fair Work Commission's approval of the SDF Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The dispute concerned the fairness and compliance of the agreement, which was a proposed enterprise agreement between SDF Electrical Pty Ltd and its employees, represented by the CEPU Electrical Division. The matter was heard in the Fair Work Commission, Australia's industrial relations tribunal.

The key legal issues the Commission had to address included whether the agreement was fairly negotiated, if it complied with statutory provisions, and if it met the standards of good faith bargaining. The Commission needed to examine whether the agreement was made without any coercion, undue influence or pressure, and if it was negotiated in good faith. Additionally, the Commission had to determine whether the agreement contained provisions that met the minimum entitlements required by the Fair Work Act 2009.

In assessing these issues, the Commission took into account the evidence presented by both parties, including witness testimonies and documentary evidence. The Commission found that the agreement had been fairly negotiated and was in compliance with the statutory requirements. The Commission was satisfied that the agreement was made without any undue influence, coercion or pressure, and was the result of good faith bargaining. The Commission also found that the agreement met the minimum entitlements required by the Fair Work Act 2009.

The Fair Work Commission approved the SDF Electrical Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023, finding it to be fairly negotiated, compliant with statutory provisions, and meeting the standards of good faith bargaining. The Commission also found that the agreement met the minimum entitlements required by the Fair Work Act 2009.

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