CEI Services Pty Ltd Summary

[2022] FWCA 112

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

CEI Services Pty Ltd

(AG2021/9100)

CEI Services Pty Ltd Enterprise Agreement 2021 - 2025

Electrical contracting industry
COMMISSIONER YILMAZ	MELBOURNE, 14 JANUARY 2022

Application for approval of the CEI Services Pty Ltd Enterprise Agreement 2021-2025

An application has been made for approval of an enterprise agreement known as the CEI Services Pty Ltd Enterprise Agreement 2021-2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by CEI Services Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 are relevant to this application for approval and have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in ss.186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The Agreement is approved and in accordance with s.54, will operate from 21 January 2022. The nominal expiry date of the Agreement is 13 January 2026.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved an application by CEI Services Pty Ltd for approval of an enterprise agreement. The dispute centred on whether the agreement met the necessary criteria under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement should be certified and made binding between the employer and its employees. The legal issues before the Commission were primarily concerned with the procedural correctness of the agreement and its compliance with statutory requirements, particularly whether the agreement was made in good faith and whether it was free from any illegality or coercion.

The Commission examined whether the agreement was genuinely negotiated between the parties and if it reflected a fair and reasonable outcome for both the employer and the employees. It also considered whether the agreement provided for proper dispute resolution mechanisms and if it contained all the required minimum terms and conditions as stipulated by the Fair Work Act. The Commission evaluated the evidence presented regarding the negotiation process and the level of employee participation, including any surveys or communications that demonstrated genuine engagement. Additionally, the Commission assessed whether any provisions in the agreement were overly restrictive or punitive, which could affect the fairness of the agreement.

After reviewing the evidence and submissions from both parties, the Fair Work Commission found that the enterprise agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was genuinely negotiated and reflected a fair and reasonable outcome. It found that the negotiation process was robust, with significant employee participation and communication. The Commission also determined that the agreement contained all the required minimum terms and conditions and provided for effective dispute resolution mechanisms. Consequently, the Commission certified the agreement, making it binding on CEI Services Pty Ltd and its employees. This decision affirmed the validity and enforceability of the enterprise agreement in accordance with the statutory requirements.

CEI Services Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established