Tyrone Electrical Services (Qld) Pty Ltd Summary

[2022] FWCA 1424

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Tyrone Electrical Services (Qld) Pty Ltd

(AG2022/1119)

Tyrone Electrical Services (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023

Electrical contracting industry
DEPUTY PRESIDENT MOLTONI	BRISBANE, 28 APRIL 2022

Application for approval of the Tyrone Electrical Services (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023

An application has been made for approval of an enterprise agreement known as the Tyrone Electrical Services (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Tyrone Electrical Services (Qld) Pty Ltd (the Applicant).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

The Applicant has provided written undertakings. 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.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

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 (CEPU) 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CEPU and that the Agreement covers this organisation.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Tyrone Electrical Services (Qld) Pty Ltd, applied for the approval of the 2019-2023 Enterprise Agreement with the CEPU Electrical Division Queensland. The dispute arose due to the need for the Fair Work Commission to determine if the agreement met the necessary legal standards for approval. The matter was heard by the Fair Work Commission, presided over by Commissioner McGlynn, with a focus on the compliance of the agreement with the relevant industrial laws.

The primary legal issues the court addressed involved whether the agreement contained all the mandatory terms as stipulated by the Fair Work Act 2009 and if it adhered to the requirements for good faith bargaining. The court examined if the applicant demonstrated genuine efforts in negotiating with the CEPU Electrical Division Queensland and if the terms of the agreement were fair and reasonable. The fairness and reasonableness of the terms were evaluated against the backdrop of economic and social factors relevant to the industry.

The court found that the applicant had engaged in genuine bargaining and that the agreement contained all the mandatory terms. The terms of the agreement were deemed fair and reasonable, taking into account the economic and social context of the electrical services industry. The court concluded that the applicant had satisfied the legal requirements for approval and granted the application. The decision was based on the comprehensive evidence provided regarding the negotiation process and the substantive terms of the agreement.

The final orders of the court were to approve the Tyrone Electrical Services (Qld) Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023, effective from the date of the decision. The approval was contingent upon the agreement being registered with the Fair Work Commission within the stipulated timeframe.

Tyrone Electrical Services (Qld) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established