Value Added Construction Pty Ltd

[2024] FWCA 1874

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Value Added Construction Pty Ltd

(AG2024/1583)

VALUE ADDED CONSTRUCTION PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 MAY 2024

Application for approval of the Value Added Construction Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Value Added Construction Pty Ltd has made an application for approval of an enterprise agreement known as the Value Added Construction Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. 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.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 22 May 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Value Added Construction Pty Ltd, along with CEPU Electrical Division, applied for approval of their enterprise agreement for the period 2023 to 2026. The application was brought before the Fair Work Commission. The primary dispute centred around the terms and conditions of employment outlined in the proposed agreement and whether it complied with the relevant legislative standards.

The legal issues required the court to determine if the agreement met the necessary criteria under the Fair Work Act 2009, particularly focusing on the provisions concerning minimum rates of pay, notice periods, redundancy, and the overall fairness of the terms. The court also needed to ensure the agreement was free from any provisions that might unfairly disadvantage employees.

In its decision, the court examined each clause of the proposed agreement in detail. It found that the agreement satisfied the requirements of the Fair Work Act, as it provided for fair and reasonable terms and conditions of employment. The court considered the balance of the agreement to be fair and reasonable, taking into account the overall context and the specific needs of the industry. Consequently, the court approved the Value Added Construction Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 to 2026.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established