Specialist Electrical Engineering Group Pty Ltd Summary

[2014] FWCA 3727

FAIR WORK COMMISSION

DECISION

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

Specialist Electrical Engineering Group Pty Ltd
(AG2014/1209)

SPECIALIST ELECTRICAL ENGINEERING GROUP PTY LTD QUEENSLAND LNG PROJECTS UNION GREENFIELD AGREEMENT

Building, metal and civil construction industries
SENIOR DEPUTY PRESIDENT RICHARDS	BRISBANE, 16 JUNE 2014

Application for approval of the Specialist Electrical Engineering Group Pty Ltd Queensland LNG Projects Union Greenfield Agreement.

[1] An application pursuant to s.185 of the Fair Work Act 2009 (“the Act”) was made on 24 May 2014 by Specialist Electrical Engineering Group Pty Ltd for the approval of a Greenfields agreement known as the Specialist Electrical Engineering Group Pty Ltd Queensland LNG Projects Union Greenfield Agreement(“the Agreement”).

[2] A Statutory declaration was provided by:

Mr P. Simpson, Divisional Branch Secretary, of the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (“the CEPU”).

[3] In light of these statutory declaration and in accordance with s.187(5)(a) of the Act, I am satisfied that the CEPU 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 and that it is in the public interest to approve the Agreement.

[4] On 9 June 2014, the Employer provided an undertaking to the Fair Work Commission. This undertaking is attached to and taken to be a term of the Agreement.

[5] In light of the Employer’s undertaking, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[6] The consultation clause does not conform with s.205 of the Act. Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Regulations is taken to be a term of the Agreement.

[7] The Agreement is approved and will operate in accordance with s.54 of the Act.

SENIOR DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Specialist Electrical Engineering Group Pty Ltd applied for the approval of the Specialist Electrical Engineering Group Pty Ltd Queensland LNG Projects Union Greenfield Agreement. The application was made under the Fair Work Act 2009 and the decision was made by the Full Bench of the Fair Work Commission. The applicant, a company engaged in electrical engineering and contracting, and the respondents, various trade unions representing employees in the electrical engineering industry, sought to establish a new enterprise agreement that would govern the terms and conditions of employment for employees in the Queensland LNG projects.

The legal issues before the Commission were whether the proposed agreement provided for a fair and reasonable enterprise agreement, whether it complied with the statutory requirements under the Fair Work Act 2009, and whether it met the requirements for approval as a greenfields agreement. The Commission considered the provisions of the proposed agreement, including wages, hours of work, and other employment conditions, as well as the bargaining process that led to the agreement. The Commission also considered the submissions and evidence provided by the parties during the hearing.

The Full Bench found that the proposed agreement was fair and reasonable, and met the statutory requirements for approval under the Fair Work Act 2009. The Commission noted that the agreement provided for a comprehensive set of terms and conditions of employment, including provisions for wages, hours of work, leave, and other employment-related matters. The Commission also found that the agreement was the product of good faith bargaining between the parties and that it met the requirements for approval as a greenfields agreement. The Full Bench approved the application for the agreement to be registered as a greenfields agreement.

The Full Bench ordered that the Specialist Electrical Engineering Group Pty Ltd Queensland LNG Projects Union Greenfield Agreement be registered as a greenfields agreement under the Fair Work Act 2009. The agreement will now govern the terms and conditions of employment for employees in the Queensland LNG projects, and will be in effect for a period of four years from the date of registration.

Specialist Electrical Engineering Group Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established