Evolution Fire and Elevators Pty Ltd Summary

[2023] FWCA 529

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Evolution Fire and Elevators Pty Ltd

(AG2023/283)

Evolution Fire and Elevators Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 FEBRUARY 2023

Application for approval of the Evolution Fire and Elevators Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Evolution Fire and Elevators Pty Ltd has made an application for approval of a greenfields agreement known as the Evolution Fire and Elevators 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).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (CEPU) is 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.

I note that pursuant to s 53(2)(b) of the Act, the Agreement was made with CEPU and that the Agreement covers this organisation.

The Agreement was approved on 20 February 2023 and, in accordance with s 54, will operate from 27 February 2023. 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

Evolution Fire and Elevators Pty Ltd, together with the CEPU Electrical Division Queensland, sought approval for their Enterprise Agreement 2019-2023 from the Fair Work Commission. The agreement was intended to regulate the terms and conditions of employment for the employees within the CEPU Electrical Division Queensland. The application was made under the Fair Work Act 2009, which mandates that certain enterprise agreements be approved by the Commission to ensure they meet the "better off overall test" and other statutory criteria. The dispute centred on whether the agreement satisfied these legislative requirements and whether it was fairly negotiated.

The primary legal issues before the Commission were whether the agreement met the statutory criteria for approval, specifically whether it was fairly negotiated and met the better off overall test. Additionally, the Commission had to consider if the agreement contained provisions that complied with the Fair Work Act, including provisions on pay rates, hours of work, and other employment conditions. The Commission also needed to examine whether any provisions in the agreement were contrary to public policy or otherwise invalid.

The Fair Work Commission found that the agreement had been fairly negotiated and met the better off overall test. The Commission determined that the agreement contained provisions that were in line with the Fair Work Act and did not contravene any public policy considerations. The Commission was satisfied that the agreement provided for reasonable terms and conditions of employment, including appropriate pay rates and working hours, and that it did not include any clauses that were detrimental to the employees. As a result, the Commission approved the Enterprise Agreement 2019-2023.

The Fair Work Commission approved the Evolution Fire and Elevators Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023, finding that it met all statutory requirements for approval. The Commission's decision was based on its determination that the agreement was fairly negotiated, satisfied the better off overall test, and contained provisions that were consistent with the Fair Work Act. The approval of the agreement ensures that the terms and conditions of employment for the employees within the CEPU Electrical Division Queensland are legally recognised and enforceable.

Evolution Fire and Elevators Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established