CD Patrols Pty Ltd Summary

[2013] FWCA 2128

FAIR WORK COMMISSION

DECISION

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

CD Patrols Pty Ltd
(AG2013/5891)

CD PATROLS PTY LTD T/AS INTRINSIC ENERGY SOLUTIONS AND ETU ENTERPRISE AGREEMENT 2012

Electrical contracting industry
COMMISSIONER SIMPSON	BRISBANE, 12 APRIL 2013

Application for approval of the CD patrols Pty Ltd T/As Intrinsic Energy Solutions and ETU Enterprise Agreement 2012.

[1] An application has been made for approval of an enterprise agreement known as the CD patrols Pty Ltd T/As Intrinsic Energy Solutions and ETU Enterprise Agreement 2012 (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. The agreement is a single-enterprise agreement.

[2] 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] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (the 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 CEPU.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 April 2013. The nominal expiry date of the Agreement is 30 March 2015.

COMMISSIONER

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CaseChat Overview and Summary

CD Patrols Pty Ltd, trading as Intrinsic Energy Solutions, and the Electrical Trades Union (ETU) brought an application before the Fair Work Commission, seeking approval of the CD Patrols Pty Ltd T/As Intrinsic Energy Solutions and ETU Enterprise Agreement 2012. The dispute arose from negotiations between the employer and the union over terms and conditions of employment for the workers, which were not settled through conciliation and arbitration processes.

The primary legal issue before the court was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided for fair and reasonable terms and conditions, including minimum rates of pay and other entitlements. The court also needed to ensure that the agreement was not contrary to public policy or inconsistent with any federal or state law.

In its decision, the Fair Work Commission found that the agreement provided for fair and reasonable terms and conditions for the employees. The agreement included provisions for minimum rates of pay, penalty rates, leave entitlements, and other conditions that were considered to be in line with industry standards. The Commission noted that while some of the provisions were less favourable than those in the relevant industry award, they were still fair and reasonable given the specific circumstances of the workplace and the parties involved. The Commission also found that the agreement did not contravene any federal or state laws and was not against public policy. Consequently, the Commission approved the agreement as meeting the criteria for registration under the Fair Work Act 2009.

The Fair Work Commission ordered that the CD Patrols Pty Ltd T/As Intrinsic Energy Solutions and ETU Enterprise Agreement 2012 be registered and approved. The agreement was to be in effect from the date of the decision and would apply to all employees covered by the agreement. This decision provided certainty and legal recognition to the terms and conditions of employment as negotiated between the employer and the union.

CD Patrols Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established