DECISION

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

Essential Mechanical Electrical Solutions Pty Ltd
(AG2018/7179)

ESSENTIAL MECHANICAL ELECTRICAL SOLUTIONS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2018 - 2019

Electrical contracting industry
COMMISSIONER HUNT	BRISBANE, 24 JANUARY 2019

Application for approval of the Essential Mechanical Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019

[1] Essential Mechanical Electrical Solutions Pty Ltd has applied for approval of an enterprise agreement known as the Essential Mechanical Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a single-enterprise agreement.

[2] The Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allies 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. In accordance with s.201(2) and based on the statutory declaration provided by the organisation, I note that the Agreement covers the CEPU.

[3] I have taken into consideration the material filed in the Commission. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

[4] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 January 2019. The nominal expiry date of the Agreement is 31 December 2019.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are Essential Mechanical Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland. The dispute centred on the application for approval of the Enterprise Agreement 2018 - 2019 between these parties. The decision was made by the Fair Work Commission, a federal workplace relations tribunal in Australia.

The legal issues before the Commission were whether the enterprise agreement met the requirements of the Fair Work Act 2009 and if it complied with the provisions of the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission needed to determine whether the agreement was made in good faith and if it met the criteria for being a simple, single-enterprise agreement. Furthermore, the Commission had to ensure that the agreement did not unfairly discriminate against employees and that it contained the necessary minimum terms and conditions as prescribed by the Act.

The Commission examined the agreement and the process through which it was negotiated and concluded that it met all the necessary legal requirements. The agreement was found to be made in good faith, it was a simple, single-enterprise agreement, and it did not unfairly discriminate against employees. The Commission was satisfied that the agreement contained the minimum terms and conditions as required by the Fair Work Act 2009. Consequently, the Commission approved the Essential Mechanical Electrical Solutions Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2018 - 2019.

As a result of the approval, the agreement will now be registered by the Fair Work Commission, and it will come into effect from the date of registration. The agreement will bind the employer and all employees covered by it, providing them with the terms and conditions of employment as outlined in the agreement.

Essential Mechanical Electrical Solutions Pty Ltd

DECISION

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established