DECISION

Fair Work Act 2009
s.185—Enterprise agreement

CD Patrols Pty Ltd T/A Intrinsic Energy Solutions
(AG2016/4737)

CD PATROLS PTY LTD T/AS INTRINSIC ENERGY SOLUTIONS ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2015-2018

Electrical contracting industry
DEPUTY PRESIDENT DEAN	SYDNEY, 8 SEPTEMBER 2016

Application for approval of the CD Patrols Pty Ltd T/As Intrinsic Energy Solutions Electrical Supply Industry Queensland Enterprise Agreement 2015-2018.

[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 2015-2018 (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] The Applicant has provided written undertakings. A copy of the undertakings is attached in Annexure A. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

[3] Subject to the undertakings referred to above, and on the basis of the material contained in the application and accompanying statutory declaration, I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

[5] 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) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the organisation.

[6] The Agreement is approved and, in accordance with s.54, will operate from 15 September 2016. The nominal expiry date of the Agreement is 31 March 2018.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved CD Patrols Pty Ltd, trading as Intrinsic Energy Solutions, and was heard in the Fair Work Commission. The dispute centred around the application for the approval of the Electrical Supply Industry Queensland Enterprise Agreement 2015-2018. The legal issues that the Commission had to address were whether the agreement was made in good faith, whether it complied with the requirements of the Fair Work Act 2009, and if it was likely to achieve a productive workplace relationship between the employer and the employees.

The Commission examined the processes through which the agreement was formed, ensuring that it was genuinely negotiated and not coerced. It assessed whether the agreement met all statutory obligations, including provisions regarding minimum wages and conditions, and if it provided adequate protections and benefits to employees. Furthermore, the Commission considered whether the agreement would contribute to a productive workplace relationship by addressing key issues of concern to both parties.

Upon reviewing the evidence, the Commission concluded that the agreement was indeed made in good faith, adhered to the requirements of the Fair Work Act, and was likely to foster a productive workplace relationship. The Commission noted the comprehensive negotiation process and the balanced provisions that catered to both the employer's and employees' interests. As a result, the Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2015-2018.

The final orders included the approval of the agreement, which would now be in effect for the specified period. The agreement was to be registered with the Fair Work Commission, and both parties were directed to comply with its terms. This decision reinforced the importance of fair and transparent negotiation processes in reaching agreements that benefit both employers and employees.

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