Expert Security Qld Pty Ltd

[2022] FWCA 3423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Expert Security Qld Pty Ltd

(AG2022/4028)

Expert Security Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

Security services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 OCTOBER 2022

Application for approval of the Expert Security Qld Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023

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 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) 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, and 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 the CEPU and that the Agreement covers this organisation.

The Agreement was approved on 5 October 2022 and, in accordance with s 54, will operate from 12 October 2022. 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, the applicant, Expert Security Qld Pty Ltd, applied for approval of the Enterprise Agreement between the company and the CEPU Electrical Division Queensland. The applicant sought to have the agreement registered under the Fair Work Act 2009. The applicant argued that the agreement was made in good faith and contained the necessary provisions as required by the Act. The applicant submitted that the agreement had been fairly negotiated and contained fair and reasonable terms and conditions.

The primary legal issue before the Commission was whether the agreement was made in good faith and contained the necessary provisions for approval under the Fair Work Act. The Commission considered whether the agreement had been fairly negotiated and contained fair and reasonable terms and conditions. The Commission also considered whether the agreement contained the necessary provisions for approval under the Act.

The Commission found that the agreement was made in good faith and contained the necessary provisions for approval under the Act. The Commission found that the agreement had been fairly negotiated and contained fair and reasonable terms and conditions. The Commission also found that the agreement contained the necessary provisions for approval under the Act. The Commission approved the agreement and registered it under the Act.

The Commission approved the agreement and registered it under the Act. The applicant's application for approval of the Enterprise Agreement was successful.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established