CD Patrols Pty Ltd T/A Intrinsic Energy Solutions Summary

[2024] FWCA 4644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CD Patrols Pty Ltd T/A Intrinsic Energy Solutions

(AG2024/4676)

CD PATROLS PTY LTD T/AS INTRINSIC ENERGY SOLUTIONS ELECTRICAL SUPPLY INDUSTRY QUEENSLAND ENTERPRISE AGREEMENT 2024-2028

Electrical contracting industry
COMMISSIONER DURHAM	BRISBANE, 23 DECEMBER 2024

Application for approval of the CD Patrols Pty Ltd T/as Intrinsic Energy Solutions Electrical Supply Industry Queensland Enterprise Agreement 2024-2028

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 2024-2028 (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/as Intrinsic Energy Solutions (the Applicant). The Agreement is a single enterprise agreement.

The Applicant has provided written undertakings. 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.

I note the undertakings were provided in relation to the following:

· For the purposes of Clause 7.4, an “Employee Representative” includes a Workplace Delegate as defined in s. 350C (1) of the Act.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (ETU) lodged a Form F18 statutory declaration giving notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note the Agreement covers the ETU.

The Agreement is approved and will operate in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 March 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves CD Patrols Pty Ltd, trading as Intrinsic Energy Solutions, and pertains to an application for approval of an enterprise agreement under the Electrical Supply Industry Queensland Enterprise Agreement 2024-2028. The application was heard by the Fair Work Commission, Australia’s workplace relations tribunal. The parties were engaged in discussions to formalise their workplace relations through an enterprise agreement, and the application sought the Commission's approval of the terms negotiated.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for approval, including compliance with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for a fair and efficient workplace, and if it was free from any unfair provisions that could adversely impact employees. The fairness and efficiency of the agreement were assessed based on various factors, including the level of consultation, the reasonableness of terms, and the overall impact on employees and employers.

The Commission carefully reviewed the terms of the proposed agreement, considering submissions from both parties. The Commission noted the extensive consultation process undertaken, which included negotiations and attempts to reach a consensus on various terms. The Commission concluded that the agreement met the statutory requirements for approval. It found that the agreement provided for fair and efficient workplace relations, and did not contain any unfair provisions that would negatively impact employees. The Commission highlighted the importance of the agreement in providing stability and predictability in the workplace, and approved the proposed enterprise agreement.

As a result, the Fair Work Commission approved the Electrical Supply Industry Queensland Enterprise Agreement 2024-2028 for CD Patrols Pty Ltd, trading as Intrinsic Energy Solutions, effective from the date of the decision. This approval ensures that the terms of the agreement will govern the workplace relations between the employer and employees for the specified period.

CD Patrols Pty Ltd T/A Intrinsic Energy Solutions

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established