The Trustee for Perry Family Trust Summary

[2024] FWCA 751

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee for Perry Family Trust

(AG2024/393)

CONNECTUP AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 FEBRUARY 2024

Application for approval of the Connectup and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

The Trustee for Perry Family Trust has made an application for approval of an enterprise agreement known as the Connectup and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying 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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 27 February 2024.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Electrical Division Queensland Enterprise Agreement, represented by the Trustee for the Perry Family Trust, seeking approval of the Connectup and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The application was filed under the Fair Work Act 2009, and the dispute centred on whether the proposed agreement met the statutory requirements for modern awards and the need to improve the working conditions of employees within the industry.

The central legal issues addressed by the Commission involved determining whether the agreement contained all the prescribed terms and whether it provided for a safety net of minimum wages and conditions. Additionally, the Commission had to consider whether the agreement complied with the 'better off overall test', ensuring that no employee would be worse off under the new agreement compared to their previous conditions. The Commission also examined the fairness and reasonableness of the proposed terms, particularly in light of the industry's economic conditions and the need to balance the interests of both employers and employees.

After thorough examination of the agreement and submissions from both parties, the Fair Work Commission concluded that the Connectup and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 met all the statutory requirements under the Fair Work Act 2009. The Commission found that the agreement provided for a comprehensive set of terms and conditions that adequately protected the rights and interests of employees. Furthermore, the Commission determined that the agreement passed the 'better off overall test' and was both fair and reasonable, considering the economic environment of the industry. Consequently, the Commission approved the agreement, ensuring that it would be effective from the specified commencement date.

In light of the approval, the Commission issued an order certifying the Connectup and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 as a registered agreement under the Fair Work Act 2009. This order mandates that the terms and conditions set out in the agreement apply to the relevant employees, effectively setting the industrial framework for the industry for the duration of the agreement.

The Trustee for Perry Family Trust

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established