Southern Cross Electrical Engineering Limited

[2021] FWCA 2915

[2021] FWCA 2915

FAIR WORK COMMISSION

DECISION

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

Southern Cross Electrical Engineering Limited
(AG2021/4912)

SOUTHERN CROSS ELECTRICAL ENGINEERING LIMITED ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2021 - 2024

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 20 MAY 2021

Application for approval of the Southern Cross Electrical Engineering Limited Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024.

[1] Southern Cross Electrical Engineering Limited (the Employer) has applied for approval of an enterprise agreement known as the Southern Cross Electrical Engineering Limited Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024 (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] The Fair Work Commission (the Commission) raised certain concerns regarding the Agreement with the Employer, and as a result, the Employer has provided written undertakings. A copy of the undertakings is attached at Annexure A. Pursuant to s.190(4) of the Act, I sought the views of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the CEPU) regarding the undertakings, allowing a period of two business days from receipt of the undertakings to provide any views. I did not receive any correspondence from the CEPU regarding the undertakings.

[3] 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. Pursuant to s.190 of the Act, I accept the undertakings. In accordance with s.201(3) of the Act, I note that the undertakings are taken to be a term of the Agreement.

[4] I note the Notice of employee representational rights (NERR) was provided to employees on 10 February 2021, being more than 14 days after notification time on 20 January 2021. In consideration of submissions received from the Employer I am satisfied this was a procedural error. Having regard to the underlying legislative purpose of s.173(3) of the Act and the circumstances of the matter, I am satisfied this can be characterised as a minor procedural or technical error for the purposes of s.188(2) of the Act. I am further satisfied that the employees were not likely to have been disadvantaged as a result of it.

[5] I have taken into consideration the material filed in the Commission. Subject to the undertakings referred to above and my conclusion at [4], 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.

[6] The 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.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

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Annexure A: