DECISION

Fair Work Act 2009
s.185—Enterprise agreement

Fredon Security (QLD) CD Pty Ltd T/A PGSA trading as Fredon Security (QLD) CD Pty Ltd
(AG2020/2072)

PGSA PTY LTD TRADING AS FREDON SECURITY (QLD) CD PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2019 - 2023

Electrical contracting industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 AUGUST 2020

Application for approval of the PGSA Pty Ltd trading as Fredon Security (Qld) CD Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023.

[1] An application has been made for approval of a greenfields agreement known as the PGSA Pty Ltd trading as Fredon Security (Qld) CD Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019 - 2023 (the Agreement). The application was made by Fredon Security (QLD) CD Pty Ltd T/A PGSA trading as Fredon Security (QLD) CD Pty Ltd pursuant to s.185 of the Fair Work Act 2009 (Act).

[2] This is a greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia 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.

[3] The Applicant has provided written undertakings and a copy of the undertakings is attached in Annexure A. In accordance with s.191(1) of the Act, the undertakings are taken to be a term of the Agreement.

[4] Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia and that the Agreement covers this organisation.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 August 2020. The nominal expiry date of the Agreement is 31 July 2023.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

Fredon Security (Qld) CD Pty Ltd, trading as PGSA, sought approval for their enterprise agreement with the CEPU Electrical Division Queensland for the years 2019 to 2023. The matter was heard in the Fair Work Commission. The dispute centered on whether the proposed agreement met the criteria set out in the Fair Work Act 2009, particularly concerning procedural fairness and compliance with the minimum safety net.

The central legal issues revolved around the fairness of the bargaining process and whether the agreement provided adequate protections for employees, particularly regarding procedural fairness. The Commission had to assess whether the bargaining process was free from coercion, duress, and undue influence and whether the agreement provided a safety net that met the legislative requirements. Additionally, the court examined if the agreement contained appropriate dispute resolution mechanisms and if it allowed for genuine negotiation between the parties.

In its decision, the Fair Work Commission found that the agreement was procedurally fair and met the requirements of the Act. The Commission acknowledged that the bargaining process was conducted in a manner free from coercion and undue influence, and that the parties had genuinely negotiated the terms of the agreement. The Commission also found that the agreement provided a safety net that met the legislative requirements and contained appropriate dispute resolution mechanisms. Therefore, the Commission approved the enterprise agreement.

As a result of the court's decision, the PGSA Pty Ltd trading as Fredon Security (Qld) CD Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2019-2023 was approved, and the parties were bound by its terms. The agreement provided a framework for the employment relationship between the parties and established the terms and conditions of employment for the employees covered by the agreement.

Fredon Security (QLD) CD Pty Ltd T/A PGSA trading as Fredon Security (QLD) CD 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