DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Walker & Frazer Industrial Services Pty Limited
(AG2019/1246)

WALKER & FRAZER INDUSTRIAL SERVICES PTY LIMITED AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
COMMISSIONER MCKINNON	MELBOURNE, 3 MAY 2019

Application for approval of the Walker & Frazer Industrial Services Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

[1] Application has been made for approval of a single enterprise agreement known as the Walker & Frazer Industrial Services Pty Limited 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 Walker & Frazer Industrial Services Pty Limited.

[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 10 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

The case involved an application for the approval of the Walker & Frazer Industrial Services Pty Limited and CEPU Electrical Division Queensland Enterprise Agreement 2018-2019. The applicants were the Australian Manufacturing Workers Union (AMWU) and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The respondents were the employer, Walker & Frazer Industrial Services Pty Limited, and the CEPU Electrical Division Queensland. The dispute centred on whether the enterprise agreement was in the best interests of the employees and complied with the relevant legislative requirements. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the enterprise agreement, which was proposed to cover the employees of Walker & Frazer Industrial Services Pty Limited and CEPU Electrical Division Queensland, met the standards set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was in the best interests of the employees and whether it complied with the Fair Work Act's requirements for good faith bargaining, non-compelled agreement, and the protection of vulnerable employees.

The Commission found that the enterprise agreement was in the best interests of the employees, as it provided for a fair and reasonable set of terms and conditions that addressed the specific needs and concerns of the employees. The Commission also found that the agreement was the result of genuine and good faith bargaining between the parties, and that it complied with all relevant legislative requirements. The Commission noted that the agreement provided for a range of protections for vulnerable employees, including provisions for minimum wage rates, leave entitlements, and dispute resolution mechanisms. The Commission approved the enterprise agreement, subject to certain minor modifications to ensure compliance with the Fair Work Act.

The final orders of the Commission included the approval of the enterprise agreement, subject to the modifications noted above. The Commission also ordered that the agreement be registered with the Fair Work Commission and that it would be effective from the date of the Commission's decision. The parties were directed to take all necessary steps to give effect to the agreement and to ensure that it was brought to the attention of all relevant employees.

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