DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TES Mechanical Electrical Qld Pty Ltd
(AG2019/3893)

TES MECHANICAL ELECTRICAL QLD PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 OCTOBER 2019

Application for approval of the TES Mechanical Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

[1] TES Mechanical Electrical Qld Pty Ltd has made an application for approval of a greenfields agreement known as the TES Mechanical Electrical Qld 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).

[2] This is a greenfields agreement that meets the requirements of s 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 1 November 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 Fair Work Commission (FWC) considered an application by the Australian Council of Trade Unions (ACTU) for approval of the TES Mechanical Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019. The agreement was proposed to apply to employees of TES Mechanical Electrical Qld Pty Ltd and CEPU Electrical Division Queensland, who are members of the Electrical Trades Union of Australia (ETUA). The application was made under section 231 of the Fair Work Act 2009, seeking the FWC's approval of the agreement, which would then be registered with the Fair Work Commission Registry.

The legal issues before the FWC included whether the agreement met the requirements of the Fair Work Act, including whether it provided for the proper classification of employees, the payment of appropriate rates of pay and conditions, and whether it contained any provisions that were contrary to the objectives of the Fair Work Act. The FWC also considered whether the agreement provided for the proper classification of employees and the payment of appropriate rates of pay and conditions. Additionally, the FWC considered whether the agreement contained any provisions that were contrary to the objectives of the Fair Work Act.

In its decision, the FWC found that the agreement met the requirements of the Fair Work Act and approved it. The FWC noted that the agreement provided for the proper classification of employees and the payment of appropriate rates of pay and conditions. The FWC also found that the agreement did not contain any provisions that were contrary to the objectives of the Fair Work Act. The FWC registered the agreement with the Fair Work Commission Registry, and it became a legally binding enterprise agreement.

The FWC approved the TES Mechanical Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019, finding it to be in compliance with the Fair Work Act. The agreement was registered with the Fair Work Commission Registry, and it became a legally binding enterprise agreement between the parties.

TES Mechanical Electrical Qld 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