SP & JD Pty Ltd T/A Central Communications & Electrical Contractors

[2021] FWCA 7283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SP & JD Pty Ltd T/A Central Communications & Electrical Contractors
(AG2021/8928)

CENTRAL COMMUNICATIONS & ELECTRICAL CONTRACTORS AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 DECEMBER 2021

Application for approval of the Central Communications & Electrical Contractors and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

[1] An application has been made for approval of a greenfields agreement known as the Central Communications & Electrical Contractors and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement). The application was made by SP & JD Pty Ltd T/A Central Communications & Electrical Contractors pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 December 2021. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SP & JD Pty Ltd, trading as Central Communications & Electrical Contractors, sought approval for the Central Communications & Electrical Contractors and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. The dispute was heard in the Fair Work Commission. The legal issues involved whether the agreement met the statutory requirements for approval under the Fair Work Act 2009, including whether the agreement was in the best interests of the employees, complied with the good faith bargaining obligations, and was free from any illegality.

The Commission considered various submissions and evidence regarding the agreement's provisions and its impact on the employees. It examined the bargaining process and the extent to which the parties had complied with the good faith obligations. The Commission also assessed the fairness of the agreement's terms and conditions, including wages, hours of work, and other employment-related matters. Ultimately, the Commission found that the agreement was in the best interests of the employees and complied with the statutory requirements. It was approved and registered.

In reaching its decision, the Commission emphasised the importance of good faith bargaining and the need for enterprise agreements to provide fair and reasonable terms and conditions for employees. It also noted the need for the agreement to be free from any illegality and to comply with the relevant provisions of the Fair Work Act. The Commission found that the applicant had demonstrated that the agreement met these requirements and was therefore approved and registered. The Commission also made orders to ensure ongoing compliance with the agreement and the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established