Cd Patrols Pty Ltd T/A Intrinsic Energy Solutions Summary

[2021] FWCA 6748

FAIR WORK COMMISSION

DECISION

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

Cd Patrols Pty Ltd T/A Intrinsic Energy Solutions
(AG2021/8249)

CD PATROLS PTY LTD T/AS INTRINSIC ENERGY SOLUTIONS ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2021 - 2024

Electrical power industry
COMMISSIONER SPENCER	BRISBANE, 19 NOVEMBER 2021

Application for approval of the CD Patrols Pty Ltd T/AS Intrinsic Energy Solutions Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024

[1] An application has been made for approval of an enterprise agreement known as CD Patrols Pty Ltd T/AS Intrinsic Energy Solutions Electrical Supply Industry Queensland Enterprise Agreement 2021 – 2024 (the Agreement). The Application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Cd Patrols Pty Ltd T/A Intrinsic Energy Solutions (the Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to this application for approval have been met.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] The Electrical, Energy and Services Division, Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the ETU/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. In accordance with s.201(2) I note that the Agreement covers the organisation.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 26 November 2021. The nominal expiry date of the Agreement is 31 March 2024.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The applicant, CD Patrols Pty Ltd trading as Intrinsic Energy Solutions, sought approval of the Electrical Supply Industry Queensland Enterprise Agreement 2021 - 2024. The application was made under the Fair Work Act 2009, and the respondent was the Fair Work Commission. The nature of the dispute was the approval of the terms and conditions outlined in the proposed enterprise agreement, which was to apply to the employees of Intrinsic Energy Solutions within the Electrical Supply Industry in Queensland.

The legal issues before the court were whether the agreement met the requirements of the Fair Work Act and whether the agreement was in the best interests of the employees. Specifically, the court needed to determine if the agreement contained all the mandatory terms, if the agreement was fair and reasonable, and if it had been appropriately negotiated and agreed upon by the parties. The court also had to consider if the agreement was in line with the principles of the National Employment Standards and the general protections afforded to employees under the Fair Work Act.

The court found that the agreement was comprehensive and contained all the mandatory terms required under the Fair Work Act. The agreement was deemed to be fair and reasonable, and the court was satisfied that it had been appropriately negotiated and agreed upon by the parties. The court considered the terms of the agreement to be in line with the National Employment Standards and the general protections afforded to employees. Therefore, the court approved the agreement, finding it to be in the best interests of the employees. The court's approval of the agreement ensures that it will now be legally binding on the parties and enforceable under the Fair Work Act.

Cd Patrols Pty Ltd T/A Intrinsic Energy Solutions

Annexure A

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established