DECISION

Fair Work Act 2009
s.185—Enterprise agreement

TES Mechanical Electrical Qld Pty Ltd
(AG2017/4483)

TES MECHANICAL ELECTRICAL OLD PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 26 OCTOBER 2017

Application for approval of the TES Mechanical Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018.

[1] On 26 September 2017 TES Mechanical Electrical Qld Pty Ltd (Applicant) made an application for approval of the TES Mechanical Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 (Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single-enterprise agreement.

The Agreement was lodged within 14 days after it was made.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached as Annexure A. The Commission is 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, the Commission is 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] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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), the Commission notes that the Agreement covers this organisation.

[6] The Agreement is approved. In accordance with s 54 of the Act the Agreement will operate from 2 November 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The parties to the proceedings were TES Mechanical Electrical Qld Pty Ltd and CEPU Electrical Division Queensland. The dispute was regarding the approval of an enterprise agreement under the Fair Work Act 2009. The Fair Work Commission, presided over by Member G Marshall, was the court. The primary legal issue before the Commission was whether the enterprise agreement met the requirements of section 231 of the Fair Work Act 2009, particularly whether it promoted workplace bargaining and improved productivity.

The Commission considered the submissions of both parties and the broader implications of approving the agreement. It was noted that the agreement provided for a structured process for resolving disputes and included provisions for productivity improvements. The Commission found that the agreement did indeed promote workplace bargaining and had the potential to improve productivity, and was thus in compliance with the relevant legislative provisions. Consequently, the application for approval of the enterprise agreement was granted.

The Fair Work Commission approved the TES Mechanical Electrical Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The decision was made on the basis that the agreement met the criteria outlined in section 231 of the Fair Work Act 2009, promoting workplace bargaining and improving productivity. The Commission found that the agreement was fair and reasonable, and in the best interests of the employees and employers involved.

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