Essential Mechanical Electrical Solutions Pty Ltd

[2021] FWCA 6279

FAIR WORK COMMISSION

DECISION

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

Essential Mechanical Electrical Solutions Pty Ltd
(AG2021/7749)

ESSENTIAL MECHANICAL ELECTRICAL SOLUTIONS PTY LTD QUEEN'S WHARF PROJECT AGREEMENT

Electrical contracting industry
COMMISSIONER SPENCER	BRISBANE, 19 OCTOBER 2021

Application for approval of the Essential Mechanical Electrical Solutions Pty Ltd Queen's Wharf Project Agreement.

[1] An application has been made for approval of a greenfields agreement known as the Essential Mechanical Electrical Solutions Pty Ltd Queen's Wharf Project Agreement (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 Applicant). The Agreement is a single enterprise agreement.

[2] Subject to matters that have been addressed by way of undertakings, 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. In particular, I am satisfied that the “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian Manufacturing Workers’ Union (AMWU), and the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia, known as the Electrical Trades Union (ETU) are entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement, in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

[3] As noted, pursuant to s.190(3), I have accepted undertakings from the employer. In accordance with ss.191(1) and 201(3) of the Act the undertakings are taken to be a term of the Agreement. A copy of the undertakings is attached to the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the AMWU and the ETU, and that the Agreement covers these organisations.

[5] The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 26 October 2021. The nominal expiry date of the Agreement is 1 November 2022.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute before the court involved Essential Mechanical Electrical Solutions Pty Ltd, the applicant, seeking approval of the Essential Mechanical Electrical Solutions Pty Ltd Queen's Wharf Project Agreement. The applicant sought to have the agreement approved, which contained terms and conditions governing the implementation of the project. The court was tasked with determining whether the agreement should be approved, considering the implications of the approval on the parties involved.

The central legal issue before the court was whether the terms of the Essential Mechanical Electrical Solutions Pty Ltd Queen's Wharf Project Agreement were fair, reasonable, and in the best interests of the parties. The court needed to assess whether the agreement was a genuine representation of the intentions of the parties and whether it complied with any relevant statutory requirements. Additionally, the court considered whether the agreement provided adequate protections and safeguards for the parties.

In its reasoning, the court examined the terms of the agreement and found that they were fair and reasonable. The court noted that the agreement was entered into voluntarily by the parties and that it reflected their intentions. Furthermore, the court determined that the agreement complied with all relevant statutory requirements. The court found that the agreement provided adequate protections and safeguards for the parties and that it was in their best interests. Based on this reasoning, the court approved the Essential Mechanical Electrical Solutions Pty Ltd Queen's Wharf Project Agreement.

The court's final order was that the Essential Mechanical Electrical Solutions Pty Ltd Queen's Wharf Project Agreement be approved. The court found that the agreement was fair, reasonable, and in the best interests of the parties. The court's approval of the agreement allows the project to proceed with the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established