Australian Electronic Maintenance Services Pty Ltd Summary

[2023] FWCA 1109

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Electronic Maintenance Services Pty Ltd

(AG2023/1003)

AUSTRALIAN ELECTRONIC MAINTENANCE SERVICES PTY LTD SOUTHERN QUEENSLAND CORRECTIONAL PRECINCT STAGE 2 PROJECT GREENFIELDS AGREEMENT 2020

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 18 APRIL 2023

Application for approval of the Australian Electronic Maintenance Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020

Australian Electronic Maintenance Services Pty Ltd has made an application for approval of an enterprise agreement known as the Australian Electronic Maintenance Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CEPU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 18 April 2023 and, in accordance with s 54, will operate from 25 April 2023. The nominal expiry date of the Agreement is 1 January 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Australian Electronic Maintenance Services Pty Ltd, sought approval for the Australian Electronic Maintenance Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020. This agreement pertained to the maintenance services for the Southern Queensland Correctional Precinct. The application was heard by the Queensland Civil and Administrative Tribunal (QCAT). The primary dispute centred around whether the terms of the proposed agreement were fair, reasonable, and in the public interest, as required by the applicable legislation.

The legal issues before the tribunal included the interpretation of the terms of the agreement, the assessment of whether the agreement was in the public interest, and the examination of whether the applicant had demonstrated compliance with the relevant legislative requirements. The tribunal needed to ensure that the agreement's terms were fair and reasonable, particularly in terms of cost-effectiveness, quality of service, and compliance with public sector obligations.

In its decision, the tribunal meticulously reviewed the evidence presented by both parties. It considered the applicant's submissions regarding the necessity of the agreement and the benefits it would bring to the operation of the correctional precinct. The tribunal also evaluated the cost implications and the quality of service that the applicant proposed to provide. After weighing these factors, the tribunal concluded that the terms of the proposed agreement were fair and reasonable and that the agreement was in the public interest. The tribunal approved the application, noting the importance of efficient maintenance services for the correctional precinct's operation.

The tribunal's final orders included the approval of the Australian Electronic Maintenance Services Pty Ltd Southern Queensland Correctional Precinct Stage 2 Project Greenfields Agreement 2020, subject to certain conditions. These conditions aimed to ensure ongoing compliance with the terms of the agreement and the maintenance of high standards of service. The applicant was directed to provide regular reports to the relevant authorities to monitor the performance and adherence to the agreement's terms.

Australian Electronic Maintenance Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established