DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Troyberg Pty Ltd T/A Electrotech Systems
(AG2017/5108)

TROYBERG PTY. LTD. AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015 - 2018

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 14 NOVEMBER 2017

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

[1] An application has been made for approval of an enterprise agreement known as the Troyberg Pty. Ltd. and CEPU Electrical Division 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 Troyberg Pty Ltd T/A Electrotech Systems. The Agreement is a single enterprise agreement.

[2] The Applicant 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, 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 Agreement lodged contained an error at clause 4.1. On 27 October 2017, the Applicant filed an amended version of the Agreement pursuant to s.586 of the Act. I am satisfied that the correction should be made and that it is appropriate to do so pursuant to s.586 of the Act.

[6] 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) I note that the Agreement covers the organisation.

[7] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 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 matter before the Fair Work Commission involved an application for approval of the Troyberg Pty. Ltd. and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018. The dispute centred on whether the agreement met the criteria for endorsement under the Fair Work Act 2009. The applicant, Troyberg Pty Ltd trading as Electrotech Systems, sought approval for the agreement, while the Certified Electrical and Plumbing Union (CEPU) supported the application. The employer, Electrotech Systems, argued that the agreement was fair and reasonable, but the CEPU raised concerns about specific clauses.

The legal issues before the Commission were whether the agreement was in compliance with the requirements of the Fair Work Act and whether it provided for the fair and reasonable terms and conditions of employment. The key points of contention involved the provisions regarding pay rates, classification of employees, and dispute resolution mechanisms. The Commission had to determine whether these aspects of the agreement met the standards of procedural and substantive fairness.

The Fair Work Commission examined the application in light of the criteria set out in section 230 of the Fair Work Act. The Commission considered whether the agreement had been negotiated in good faith, whether it provided for the fair and reasonable terms and conditions of employment, and whether it met the "better off overall test". After reviewing the submissions from both parties and the evidence presented, the Commission found that the agreement did meet the necessary criteria. The Commission endorsed the agreement, stating that it was fair and reasonable, and it complied with all relevant statutory requirements.

The final orders of the Commission were that the Troyberg Pty. Ltd. and CEPU Electrical Division Queensland Enterprise Agreement 2015 - 2018 was approved and registered under the Fair Work Act. The agreement was to be in effect from the date of the Commission's decision and would remain in force until it was superseded or terminated in accordance with its terms.

Troyberg Pty Ltd T/A Electrotech Systems

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established