DECISION

Fair Work Act 2009
s.185—Enterprise agreement

SPL Projects Pty Ltd
(AG2020/2235)

SPL PROJECTS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 AUGUST 2020

Application for approval of the SPL Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[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 2019 - 2023 (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 has been met.

[3] 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.

[4] The Agreement was approved on 24 August 2020 and, in accordance with s 54, will operate from 31 August 2020. 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

In the Fair Work Commission, SPL Projects Pty Ltd and CEPU Electrical Division sought approval of their enterprise agreement for the period 2019 to 2023. The dispute centred on the validity and fairness of certain provisions within the agreement, particularly those relating to pay rates, conditions, and dispute resolution mechanisms. The Commission was tasked with determining whether the agreement complied with the relevant legislative requirements and whether it was made in good faith.

The primary legal issues revolved around the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The applicant needed to demonstrate that the agreement was free from any unfair content and that it was made in good faith, without any coercion or pressure exerted on the parties. Additionally, the Commission had to consider whether the agreement provided adequate protection for employee interests, particularly in terms of pay and conditions.

The Commission examined the submissions and evidence provided by both parties, assessing the procedural fairness of the bargaining process. It considered whether the agreement met the statutory criteria for approval, including its compliance with the Fair Work Act. The Commission found that the agreement was largely procedurally fair and that no party had acted in bad faith. It concluded that the provisions were not unfair and were consistent with the principles of enterprise bargaining under the Act. Consequently, the Commission approved the agreement, ensuring that it would be registered and enforceable.

The final orders included the approval and registration of the SPL Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023, effective from the date of the decision. The agreement was to be binding on all parties and enforceable under the Fair Work Act.

SPL Projects Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established