DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Versatech Contracting Pty Ltd
(AG2019/1056)

VERSATECH CONTRACTING PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 2 MAY 2019

Application for approval of the Versatech Contracting Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Versatech Contracting Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Versatech Contracting Pty Ltd. The Agreement is a single enterprise agreement.

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

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 May 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Versatech Contracting Pty Ltd and CEPU Electrical Division sought approval of the Enterprise Agreement 2018-2019. The dispute centred on whether the proposed terms and conditions in the agreement were consistent with the principles of the Fair Work Act 2009. The court was tasked with determining if the agreement met the minimum standards and if it was free from any unfair or discriminatory provisions.

The primary legal issues were whether the agreement provided fair and reasonable terms for employees and whether it complied with the statutory requirements for minimum entitlements and conditions. The Commission also had to assess if the agreement was appropriately negotiated and if it adhered to the provisions of the Fair Work Act.

The Fair Work Commission found that the agreement met the minimum standards set by the Fair Work Act. It included provisions that ensured fair remuneration, reasonable working hours, and appropriate leave entitlements. The Commission also confirmed that the agreement was negotiated in good faith and did not contain any discriminatory clauses. Consequently, the Commission approved the Enterprise Agreement 2018-2019.

As a result of the Commission’s decision, the Enterprise Agreement 2018-2019 was approved, and it is now legally binding between Versatech Contracting Pty Ltd and CEPU Electrical Division. This approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the parties during the specified period.

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