UAM Pty Ltd

[2016] FWCA 255

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

UAM Pty Ltd

(AG2015/6983)

UAM PTY LTD AND THE CEPU ELECTRICAL ENERGY AND

SERVICES DIVISION QUEENSLAND ELECTRICITY SUPPLY

INDUSTRY CONTRACTORS ENTERPRISE AGREEMENT 2015 - 2018

Electrical power industry

COMMISSIONER CIRKOVIC

MELBOURNE, 13 JANUARY 2016

Application for approval of the UAM Pty Ltd and the CEPU Electrical Energy and Services

Division Queensland Electricity Supply Industry Contractors Enterprise Agreement 2015 -

2018.

[1] On 14 December 2015, UAM Pty Ltd (Applicant) made an application for approval

of the UAM Pty Ltd and the CEPU Electrical Energy and Services Division Queensland

Electricity Supply Industry Contractors 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.

[2] The Agreement was lodged outside the 14 day timeframe prescribed by s.185(3)(a) of

the Act. In all the circumstances the Commission considers it fair to extend the period for

lodgement and does so pursuant to s.185(3)(b).

[3] 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. In any case, the Communications,

Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of

Australia (CEPU) has indicated its acceptance of the undertakings.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 (Cth) is taken to be a term of the Agreement.

[5] 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.
[2016] FWCA 255

[6] The CEPU, being a bargaining representative for the Agreement, has given notice

under s.183 of the Act that it wants to be covered by the Agreement. In accordance with

s.201(2), the Commission notes that the Agreement covers this organisation.

[7] The Agreement is approved. In accordance with s.54 of the Act the Agreement will

operate from 20 January 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

[2016] FWCA 255

Annexure A:

CaseChat Overview and Summary

UAM Pty Ltd applied for the approval of a single-enterprise agreement with the CEPU Electrical Energy and Services Division Queensland Electricity Supply Industry Contractors, which was lodged outside the statutory timeframe. The Fair Work Commission was required to determine whether to extend the timeframe for lodgement and whether the agreement met all the necessary criteria for approval under the Fair Work Act 2009. The Commission needed to assess whether the agreement was fair and met the legal requirements, considering the late lodgement and the written undertakings provided by UAM Pty Ltd. Additionally, the Commission had to ascertain if the agreement would cause financial detriment to employees or result in substantial changes, and whether the CEPU had accepted the undertakings.

The Commission concluded that extending the lodgement period was fair under the circumstances, as per section 185(3)(b) of the Fair Work Act. The Commission was satisfied that the written undertakings provided by UAM Pty Ltd would not cause financial detriment to employees and would not lead to substantial changes in the agreement. Moreover, the CEPU had indicated its acceptance of these undertakings. The Commission also noted that the model consultation term prescribed by the Fair Work Regulations 2009 was incorporated into the agreement. After reviewing all the relevant sections of the Act, including sections 186, 187, 188, and 190, the Commission found that the agreement met the necessary criteria for approval. The CEPU also notified its desire to be covered by the agreement, and the Commission confirmed that the agreement would cover the organisation as per section 201(2).

The Fair Work Commission approved the UAM Pty Ltd and the CEPU Electrical Energy and Services Division Queensland Electricity Supply Industry Contractors Enterprise Agreement 2015 - 2018. The agreement will operate from 20 January 2016, with a nominal expiry date of 31 March 2018. This decision was made in accordance with section 54 of the Fair Work Act, ensuring that the agreement would be legally binding and enforceable for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established