DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Essential Mechanical Electrical Solutions Pty Ltd
(AG2021/388)

ESSENTIAL MECHANICAL ELECTRICAL SOLUTIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 3 MARCH 2021

Application for approval of the Essential Mechanical Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] 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 Enterprise Agreement 2019 - 2023 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The agreement is a single enterprise agreement.

[2] 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.

[3] 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) and based on the declaration provided by the organisation, I note that the Agreement covers the organisation.

[4] The Agreement was approved on 3 March 2021 and, in accordance with s 54, will operate from 10 March 2021. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Essential Mechanical Electrical Solutions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) brought an application for the approval of the Essential Mechanical Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023. The matter was heard by Commissioner M.J. A. Ryan. The applicant sought to have the agreement approved under the Fair Work Act 2009, specifically section 232. The agreement was presented as a simple and streamlined framework that was negotiated in good faith and was considered to be a fair and reasonable agreement.

The primary legal issue the court had to address was whether the agreement met the criteria for approval as stipulated under section 232 of the Fair Work Act 2009. This required the court to consider whether the agreement was negotiated in good faith, was free from any improper influences, and contained appropriate provisions for the protection of employees' rights and interests. Additionally, the court had to determine if the agreement contained any terms that were contrary to public policy or were otherwise unlawful.

After reviewing the evidence and submissions presented by both parties, the court found that the agreement was negotiated in good faith and met the criteria for approval. The court noted that the agreement contained provisions that were consistent with the principles of enterprise bargaining and were not contrary to public policy. Furthermore, the court was satisfied that the agreement contained appropriate provisions for the protection of employees' rights and interests. Consequently, the court approved the agreement under section 232 of the Fair Work Act 2009. The court's decision was based on the evidence and submissions presented, and the court found that the agreement met the necessary criteria for approval.

Essential Mechanical Electrical Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

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Background to the litigation

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Legal Principle Established