DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Walker & Frazer Industrial (QLD) Pty Limited
(AG2015/2081)

WALKER & FRAZER INDUSTRIAL (QLD) PTY LTD & CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2015

Electrical contracting industry
DEPUTY PRESIDENT LAWRENCE	SYDNEY, 18 MARCH 2015

Application for approval of the Walker & Frazer Industrial (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the Walker & Frazer Industrial (Qld) Pty Ltd & CEPU Electrical Division Queensland Enterprise Agreement 2015 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss186, 187 and 188 as are relevant to this application for approval have been met.

[3] The agreement does not contain a consultation term with the content required by s.205(1) and (1A). Accordingly, in accordance with s.205(2), the model consultation term contained in Schedule 2.3 of the Fair Work Regulations 2009 is taken to be a term of the agreement.

[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. As required by s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved. In accordance with s.54(1) it will operate from 25 March 2015. The nominal expiry date of the Agreement is 31 December 2015.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Walker & Frazer Industrial (Qld) Pty Limited, seeking approval of the Enterprise Agreement with the CEPU Electrical Division Queensland. The matter was heard in the Fair Work Commission. The dispute centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the applicant argued that the agreement fairly represented the employees, was free from unlawful content, and complied with all other relevant provisions of the Act.

The court needed to determine if the agreement was genuinely an enterprise agreement as defined by the Fair Work Act. This involved examining whether the agreement was made between the employer and employees, covered a workplace within the jurisdiction, and was made in good faith. Additionally, the court had to consider if the agreement contained provisions that were outside the scope of the Act or were otherwise unlawful. The court also had to verify if the agreement was certified by an independent certifier as meeting the requirements for approval.

In its decision, the Fair Work Commission found that the agreement met all the statutory requirements for approval. The agreement was certified by an independent certifier as genuinely an enterprise agreement, covering the requisite employees and workplace. The court examined the content of the agreement and found no provisions that were outside the scope of the Act or unlawful. The court also determined that the agreement was made in good faith and fairly represented the employees. Based on these findings, the Commission approved the Walker & Frazer Industrial (Qld) Pty Limited & CEPU Electrical Division Queensland Enterprise Agreement 2015.

Walker & Frazer Industrial (QLD) Pty Limited

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established