Jtmec Projects Pty Ltd T/A Jtmec Projects Pty Ltd

[2024] FWCA 3016

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Jtmec Projects Pty Ltd T/A Jtmec Projects Pty Ltd

(AG2024/3013)

JTMEC PROJECTS PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 – 2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 16 AUGUST 2024

Application for approval of the JTMEC Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026

An application has been made for approval of a greenfields agreement known as the JTMEC Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023 – 2026 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). The Agreement is a greenfields agreement. It has been made by Jtmec Projects Pty Ltd T/A Jtmec Projects Pty Ltd.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. In particular, I am satisfied that Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union (CEPU) 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.

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

The Agreement is approved and, in accordance with s.54(1) of the Act, will operate from 23 August 2024. The nominal expiry date of the Agreement is 31 July 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, JTMEC Projects Pty Ltd, applied to the Fair Work Commission for approval of a proposed enterprise agreement, referred to as the JTMEC Projects Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. The application was made under the Fair Work Act 2009, and the primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for direct approval under the Act.

In considering the application, the Commission examined the proposed agreement to determine whether it was fairly negotiated, complied with the procedural requirements of the Act, and was in the interests of employees and employers. The Commission assessed the evidence provided by the parties and considered the implications of the proposed agreement on the workforce and the broader industry. The Commission found that the proposed agreement was fairly negotiated and met the procedural requirements of the Act. The Commission also found that the proposed agreement was in the interests of the employees and employers.

The Commission approved the proposed enterprise agreement, which will now be binding on the parties for the period of 2023-2026. The agreement includes provisions on wages, hours of work, leave, and other employment conditions. The approval of the agreement is a significant step forward in the relationship between JTMEC Projects Pty Ltd and the CEPU Electrical Division Queensland, and it is expected to provide stability and certainty for both parties for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established