DECISION

Fair Work Act 2009
s.185—Enterprise agreement

The Trustee for BJ Fraser Family Trust & The Trustee for CC Rankine Family Trust T/A POLE FOUNDATIONS AUSTRALIA
(AG2018/1508)

POLE FOUNDATIONS AUSTRALIA ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical power industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 AUGUST 2018

Application for approval of the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2015 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the Pole Foundations Australia Electrical Supply Industry 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 The Trustee for BJ Fraser Family Trust and The Trustee for CC Rankine Family Trust T/A POLE FOUNDATIONS AUSTRALIA. The agreement is a single enterprise agreement.

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

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

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

In the Fair Work Commission, the matter before the Commission was an application for approval of the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2015-2018. The application was brought by the Trustee for BJ Fraser Family Trust and the Trustee for CC Rankine Family Trust, trading as Pole Foundations Australia, which sought the Commission's approval of the agreement. The dispute centred around the terms and conditions of employment and the overall fairness of the agreement as it pertained to the employees within the electrical supply industry in Queensland. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for a fair and efficient system of classification and wage fixing, and whether it met the procedural requirements for approval. The Commission had to assess the agreement against the criteria outlined in section 232 of the Act, which includes considerations of whether the agreement is free from any unfair provisions, and whether it was made in accordance with the relevant procedural requirements. Additionally, the Commission needed to ensure that the agreement was not likely to have a detrimental effect on the safety, health, or welfare of employees.

The Commission found that the agreement satisfied the requirements for approval. The agreement provided for a fair and efficient system of classification and wage fixing, ensuring that it met the criteria under section 232 of the Act. The procedural requirements were also met, as the agreement had been made through a process that involved genuine bargaining. The Commission concluded that the agreement was fair and did not contain any provisions that would be considered unfair. Furthermore, the agreement did not pose any risk to the safety, health, or welfare of employees. Therefore, the Commission approved the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2015-2018, deeming it to be a fair and efficient agreement for the employees involved.

The final orders of the Commission were that the Pole Foundations Australia Electrical Supply Industry Queensland Enterprise Agreement 2015-2018 be approved and registered under the Fair Work Act 2009. The agreement was to be effective from the date of the Commission's decision and would remain in force until it was terminated or superseded by a new agreement. The Commission's approval ensured that the agreement would govern the terms and conditions of employment for the employees within the electrical supply industry in Queensland for the duration of its validity.

The Trustee for BJ Fraser Family Trust & The Trustee for CC Rankine Family Trust T/A POLE FOUNDATIONS AUSTRALIA

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

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Legal Principle Established