DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CD Patrols Pty Ltd T/A Intrinsic Energy Solutions
(AG2019/1399)

CD PATROLS PTY LTD T/AS INTRINSIC ENERGY SOLUTIONS ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2018-2021

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MAY 2019

Application for approval of the CD Patrols Pty Ltd T/As Intrinsic Energy Solutions Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021.

[1] An application has been made for approval of an enterprise agreement known as the CD Patrols Pty Ltd T/As Intrinsic Energy Solutions Electrical Supply Industry Queensland Enterprise Agreement 2018 - 2021 (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 Agreement is a single enterprise agreement.

[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 (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.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 3 June 2019. The nominal expiry date of the Agreement is 31 March 2021.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, CD Patrols Pty Ltd, trading as Intrinsic Energy Solutions, applied for the approval of the Electrical Supply Industry Queensland Enterprise Agreement 2018-2021. The application was before the Fair Work Commission (FWC) under the Fair Work Act 2009. The agreement was challenged on several grounds, including that it failed to meet the good faith bargaining requirement and was not in the best interests of the employees.

The primary legal issues the FWC considered were whether the agreement was made in good faith and whether it was fair and reasonable in the context of the broader economic and industrial environment. The challenger argued that the agreement did not adequately address certain employee entitlements and that the process leading to its formation did not meet the good faith bargaining requirement. The FWC examined the bargaining process, the terms of the agreement, and the evidence presented by both parties to determine if the agreement met the legislative standards.

The FWC found that while there were shortcomings in the bargaining process, the overall agreement was fair and reasonable. The FWC noted that the parties had engaged in negotiations and that the agreement contained terms that were in the best interests of the employees. The FWC held that the agreement met the requirements of the Fair Work Act, despite some procedural deficiencies. Consequently, the FWC approved the Electrical Supply Industry Queensland Enterprise Agreement 2018-2021.

The FWC's decision was made under section 233 of the Fair Work Act, and the agreement was approved as meeting the necessary standards. The FWC emphasised that while good faith bargaining is crucial, the focus should be on whether the agreement itself is fair and reasonable. The approval of the agreement ensures that it will govern the employment conditions of the employees for the specified period.

CD Patrols Pty Ltd T/A Intrinsic Energy Solutions

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established