Essential Mechanical Electrical Solutions Pty Ltd

[2025] FWCA 1329

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Essential Mechanical Electrical Solutions Pty Ltd

(AG2025/1068)

ESSENTIAL MECHANICAL ELECTRICAL SOLUTIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND CROSS RIVER RAIL PROJECT ENTERPRISE AGREEMENT 2025-2027

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 MAY 2025

Application for approval of the Essential Mechanical Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027

Essential Mechanical Electrical Solutions Pty Ltd has made an application for approval of an enterprise agreement known as the Essential Mechanical Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 1 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Essential Mechanical Electrical Solutions Pty Ltd, sought the Fair Work Commission's approval of a proposed enterprise agreement with its employees. The agreement related to the CEPU Electrical Division Queensland Cross River Rail Project. The applicant argued the agreement was appropriate for its employees, who were represented by the Construction, Forestry, Maritime, Mining and Energy Union. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and did not discriminate against any employees or classes of employees. The Commission also had to consider whether the agreement had been fairly negotiated.

The Fair Work Commission determined that the proposed enterprise agreement met the necessary requirements. The Commission found that the agreement was in the best interests of the employees and did not contain any discriminatory provisions. The Commission was satisfied that the agreement had been fairly negotiated, with the union having an appropriate level of involvement. The Commission approved the proposed enterprise agreement, noting that it provided appropriate protections and benefits for the employees.

The Fair Work Commission approved the proposed enterprise agreement between Essential Mechanical Electrical Solutions Pty Ltd and the CEPU Electrical Division Queensland Cross River Rail Project Enterprise Agreement 2025-2027. The Commission's decision was based on its finding that the agreement was in the best interests of the employees and did not contain any discriminatory provisions. The Commission was also satisfied that the agreement had been fairly negotiated. The approved agreement will now govern the employment conditions of the relevant employees for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established