DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Versatech Contracting Pty Ltd
(AG2017/3324)

VERSATECH CONTRACTING PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
COMMISSIONER HARPER-GREENWELL	MELBOURNE, 15 SEPTEMBER 2017

Application for approval of the Versatech Contracting Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018.

[1] An application has been made for approval of an enterprise agreement known as the Versatech Contracting Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Versatech Contracting Pty Ltd. The Agreement is a single enterprise agreement.

[2] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. 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.

[3] Subject to the undertakings referred to above, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in Section 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

[4] 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.

[5] The Agreement was approved on 15 September 2017 and, in accordance with s.54, will operate from 22 September 2017. The nominal expiry date of the Agreement is 31 December 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The matter involved an application for approval of the Versatech Contracting Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2015-2018. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on specific provisions within the enterprise agreement that were alleged to not meet the requirements for fair and reasonable terms and conditions of employment.

The legal issues that the Commission was required to address included whether the agreement was genuinely a product of bargaining between the employer and the employees' representative, if the agreement contained terms that were fair and reasonable, and if the agreement complied with the procedural fairness requirements. The Commission had to assess whether the agreement had been properly certified and whether there was any evidence of employer coercion or any other unfair practices during the bargaining process. Additionally, the Commission needed to determine if the terms of the agreement were consistent with the objectives of the Fair Work Act, including provisions for minimum wages and conditions.

In its decision, the Fair Work Commission found that the enterprise agreement was genuinely a product of free and independent bargaining between the parties. The Commission concluded that the agreement contained terms that were fair and reasonable, and that it complied with all procedural fairness requirements. The Commission noted that there was no evidence of employer coercion or any other unfair practices during the bargaining process. Furthermore, the Commission determined that the agreement was consistent with the objectives of the Fair Work Act, including provisions for minimum wages and conditions. Consequently, the Commission approved the enterprise agreement, finding that it met all the necessary criteria for approval.

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