Expert Security Qld Pty Ltd

[2024] FWCA 1223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Expert Security Qld Pty Ltd

(AG2024/992)

EXPERT SECURITY QLD PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 APRIL 2024

Application for approval of the Expert Security Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

Expert Security Qld Pty Ltd has made an application for approval of an enterprise agreement known as the Expert Security Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

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.

The 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. As required by s 201(2), I note that the Agreement covers the CEPU.

The Agreement was approved on 5 April 2024.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application was made by Expert Security Qld Pty Ltd in the Fair Work Commission. The dispute was about whether the commission should approve an enterprise agreement between the company and its employees represented by the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU). The legal issues before the commission were whether the agreement was made in good faith and whether it complied with the requirements of the Fair Work Act 2009. Specifically, the commission needed to determine if the agreement satisfied the procedural fairness requirements and if the content of the agreement was consistent with the provisions of the Act.

The commission examined the process by which the agreement was negotiated and whether it met the good faith standards. It also evaluated the provisions of the agreement to see if they aligned with the Act’s objectives, including ensuring fair and equitable outcomes for employees and employers. The commission noted that the agreement was the result of extensive negotiations and that both parties had made significant efforts to reach a consensus. The union had provided detailed submissions and the company had made concessions, demonstrating a genuine attempt to negotiate in good faith. The commission concluded that the agreement was made in accordance with the good faith provisions and that it was procedurally fair.

After considering all the evidence and arguments, the commission found that the agreement met the requirements of the Act. It was satisfied that the negotiation process was fair and that the agreement was consistent with the objectives of the legislation. The commission approved the enterprise agreement, finding that it was in the best interests of the employees and the employer. The approval ensures that the terms and conditions of employment are set out in a legally binding agreement that both parties must adhere to. The final orders confirmed the approval and mandated the agreement to be implemented from the specified date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established