Essential Mechanical Electrical Solutions Pty Ltd Summary

[2024] FWCA 2865

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Essential Mechanical Electrical Solutions Pty Ltd

(AG2024/2818)

ESSENTIAL MECHANICAL ELECTRICAL SOLUTIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 5 AUGUST 2024

Application for approval of the Essential Mechanical Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026

An application has been made for approval of an enterprise agreement known as the Essential Mechanical Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 - 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Essential Mechanical Electrical Solutions Pty Ltd. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 August 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Essential Mechanical Electrical Solutions Pty Ltd applied for approval of the Enterprise Agreement 2023 - 2026 with the CEPU Electrical Division. The application was heard in the Fair Work Commission. The dispute centred around whether the agreement met the criteria set out in the Fair Work Act 2009 for approval and whether it was genuinely a bargain between the employer and the employees.

The court considered several key issues, including whether the agreement had been negotiated in good faith, whether it contained all required terms, and whether it met the provisions of the Act. The Commission examined the negotiation process, the terms of the agreement, and the extent to which the agreement covered all mandatory subjects. It also assessed whether the agreement was procedurally fair and whether there was any coercion involved.

After a thorough review, the Fair Work Commission found that the agreement had been negotiated in good faith and contained all necessary terms. The Commission approved the agreement, finding that it met the statutory requirements and was a genuine bargain. The decision emphasised the importance of good faith negotiations and the comprehensive coverage of mandatory subjects in the agreement.

The Commission's final orders included the approval of the Enterprise Agreement 2023 - 2026 between Essential Mechanical Electrical Solutions Pty Ltd and the CEPU Electrical Division, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the employees covered by the agreement for the specified period.

Essential Mechanical Electrical Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established