Australian Electronic Maintenance Services Pty Ltd Summary

[2024] FWCA 548

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Australian Electronic Maintenance Services Pty Ltd

(AG2024/170)

AUSTRALIAN ELECTRONIC MAINTENANCE SERVICES PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 FEBRUARY 2024

Application for approval of the Australian Electronic Maintenance Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

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 and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU), 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 CEPU.

The Agreement was approved on 8 February 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission, led by Commissioner C. J. Robertson, considered an application for the approval of the Australian Electronic Maintenance Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026. The primary parties involved in the application were the applicant, Australian Electronic Maintenance Services Pty Ltd, and the respondent, CEPU Electrical Division. The dispute centred on whether the proposed enterprise agreement met the necessary requirements for approval under the Fair Work Act 2009.

The legal issues before the court involved determining whether the agreement adhered to the provisions of the Fair Work Act, including whether it covered a genuine enterprise bargaining agreement, whether it contained only permissible content, and whether it was free from prohibited content. Additionally, the court had to assess if the agreement was made in good faith and whether it provided for a proper process for the resolution of future disputes.

The court found that the agreement was a genuine enterprise bargaining agreement as it was negotiated between the employer and the employees represented by the CEPU. The court examined the agreement's content and concluded that it contained only permissible provisions and did not include any prohibited content. The Commission also determined that the agreement was made in good faith and included provisions for the resolution of future disputes, including a process for the resolution of individual disputes. Based on these findings, the court approved the enterprise agreement.

In conclusion, the Fair Work Commission approved the Australian Electronic Maintenance Services Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026, finding that it complied with the requirements of the Fair Work Act. The court's approval of the agreement ensures that it will be legally binding between the employer and the employees represented by the CEPU for the duration of the agreement.

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