DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPL Projects Pty Ltd T/A SPL Projects
(AG2018/1128)

SPL PROJECTS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 JULY 2018

Application for approval of the SPL Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the SPL Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by SPL Projects Pty Ltd T/A SPL Projects. The agreement is a single enterprise agreement.

[2] The Applicant 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.

[3] 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 have been met.

[4] 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.

[5] The Agreement was approved on 17 July 2018 and, in accordance with s.54, will operate from 24 July 2018. The nominal expiry date of the Agreement is 31 December 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

SPL Projects Pty Ltd, trading as SPL Projects, applied to the Fair Work Commission for approval of the SPL Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018. The applicant sought an approval to ensure the agreement was legally binding and enforceable under the Fair Work Act 2009. The legal issues before the commission were primarily concerned with whether the agreement complied with the statutory requirements set forth in the Fair Work Act, including provisions related to bargaining, good faith, and the inclusion of essential terms.

The commission considered whether the agreement was made in good faith, whether it was the product of genuine bargaining between the parties, and whether it included all the necessary terms as stipulated by the Act. The commission examined the process through which the agreement was negotiated and concluded that the agreement was indeed the result of genuine bargaining and was made in good faith. Furthermore, the commission found that all essential terms required by the Fair Work Act were included in the agreement, thereby satisfying the statutory criteria for approval.

Following its analysis, the commission approved the agreement, finding it to be compliant with all relevant legal standards. The commission's decision was based on the evidence presented, which demonstrated that the agreement met the requirements for approval under the Fair Work Act. Consequently, the agreement was deemed to be legally binding and enforceable between the parties involved.

The final orders of the commission included the approval of the SPL Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018, effective from the date of the decision. This approval ensured that the agreement would operate as a legally binding instrument, facilitating the relationship between the employer and the employees covered by the agreement.

SPL Projects Pty Ltd T/A SPL Projects

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established