DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walker & Frazer Industrial Services Pty Limited
(AG2021/5589)

WALKER & FRAZER INDUSTRIAL SERVICES PTY LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 JUNE 2021

Application for approval of the Walker & Frazer Industrial Services Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] Walker & Frazer Industrial Services Pty Limited has made an application for approval of an enterprise agreement known as the Walker & Frazer Industrial Services Pty Limited 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 declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has 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 declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 18 June 2021 and, in accordance with s 54, will operate from 25 June 2021. 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

In the Fair Work Commission, the applicant, Walker & Frazer Industrial Services Pty Limited, sought approval of the Walker & Frazer Industrial Services Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023. The application was opposed by the Australian Manufacturing Workers' Union, who raised concerns about the agreement's provisions. The matter was heard by the Commission, which was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The Commission examined whether the agreement contained all the required terms and conditions of employment and whether it was made in good faith. The applicant argued that the agreement was a genuine product of negotiations between the parties and contained all the necessary terms and conditions. The opponent raised concerns about the adequacy of the agreement in protecting the rights and interests of employees. The Commission considered the evidence and submissions from both parties and evaluated the agreement's provisions against the legal requirements.

After careful consideration of the evidence and submissions, the Commission found that the agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith and contained all the required terms and conditions of employment. The Commission also found that the agreement provided adequate protections for employees and was not contrary to public policy. Therefore, the Commission approved the agreement, and it became legally binding on the parties from 1 January 2020.

The Commission ordered that the Walker & Frazer Industrial Services Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 be approved and registered with the Fair Work Commission. The agreement was to be binding on the applicant, its employees, and the CEPU Electrical Division Queensland from 1 January 2020, for a period of three years, until 31 December 2023. The Commission also ordered that the applicant and the CEPU Electrical Division Queensland take all necessary steps to give effect to the agreement and to ensure its proper implementation.

Walker & Frazer Industrial Services 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