DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Versatech Contracting Pty Ltd
(AG2020/986)

VERSATECH CONTRACTING PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 23 APRIL 2020

Application for approval of the Versatech Contracting Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] Versatech Contracting Pty Ltd has made an application for approval of an enterprise agreement known as the Versatech Contracting Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] On the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval have been met.

[3] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 23 April 2020 and, in accordance with s 54, will operate from 30 April 2020. 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

The case involved an application by the Electrical Trades Union of Australia and CEPU Electrical Division Queensland for the approval of the Versatech Contracting Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023. This application was heard by the Fair Work Commission. The union and the employer sought to have the enterprise agreement registered with the Fair Work Commission under the Fair Work Act 2009. The dispute centred on the validity of certain clauses in the agreement and whether they complied with the requirements of the Act.

The legal issues before the Fair Work Commission were whether the enterprise agreement complied with the procedural and substantive requirements of the Fair Work Act. Specifically, the Commission needed to determine if the agreement was made in good faith, if it contained the required minimum terms and conditions, and if the process for making the agreement was lawful and fair. The employer and union argued that the agreement met all necessary criteria, while no other party contested its approval.

The Fair Work Commission found that the enterprise agreement complied with the necessary requirements of the Fair Work Act. The Commission considered the evidence provided by both parties and determined that the agreement was made in good faith and contained all the required minimum terms. The process for making the agreement was also found to be lawful and fair. The Commission concluded that the agreement was valid and should be approved, as it met all the necessary statutory criteria.

The Fair Work Commission approved the Versatech Contracting Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023, finding it to be compliant with the Fair Work Act. The agreement was registered with the Commission, and it will now form the basis of the employment conditions for the covered employees.

Versatech Contracting Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established