DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPL Projects Pty Ltd
(AG2019/2544)

SPL PROJECTS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 AUGUST 2019

Application for approval of the SPL Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

[1] SPL Projects Pty Ltd has made an application for approval of an enterprise agreement known as the SPL Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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 and 188 as are relevant to this application for approval have been met.

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

[4] The Agreement was approved on 5 August 2019 and, in accordance with s.54, will operate from 12 August 2019. The nominal expiry date of the Agreement is 31 December 2019.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, SPL Projects Pty Ltd, sought approval of a proposed enterprise agreement with the CEPU Electrical Division Queensland, as per the Fair Work Act 2009. The Fair Work Commission (FWC) was tasked with determining whether the agreement met the criteria for approval, including whether it contained the necessary minimum terms and conditions as outlined by the Act. The dispute arose from concerns about the agreement's compliance with the Fair Work Act and its alignment with the broader industrial relations framework.

The legal issues before the FWC centred on the interpretation and application of the Fair Work Act 2009, specifically regarding the approval process for enterprise agreements. The applicant argued that the proposed agreement was compliant with the statutory requirements and beneficial to both parties, while the respondent contended that certain provisions fell short of the mandatory minimum terms and conditions. The FWC had to examine whether the agreement provided for adequate pay rates, conditions, and other entitlements, and if it adhered to the procedural requirements for approval.

The FWC assessed the agreement against the statutory framework, considering both the substantive content and procedural aspects of the application. It found that the proposed agreement did not meet all the necessary criteria for approval as it failed to provide for adequate minimum pay rates in some areas. Despite the applicant's arguments about the agreement's benefits, the FWC could not approve the agreement due to its non-compliance with the Fair Work Act. Consequently, the application was dismissed.

The FWC's final order was that the proposed enterprise agreement between SPL Projects Pty Ltd and the CEPU Electrical Division Queensland for the period 2018-2019 be not approved due to its failure to comply with the mandatory minimum terms and conditions as required by the Fair Work Act 2009.

SPL Projects Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

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Legal Principle Established