Magnafire Pty Ltd Summary

[2024] FWCA 3324

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Magnafire Pty Ltd

(AG2024/3575)

MAGNAFIRE PTY LTD AND CEPU ELECTRICAL DIVISION QUEENSLAND ENTERPRISE AGREEMENT 2023 - 2026

Electrical contracting industry
COMMISSIONER JOHNS	MELBOURNE, 20 SEPTEMBER 2024

Application for approval of the Magnafire 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 Magnafire 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 Magnafire 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 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.

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 27 September 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

Magnafire Pty Ltd applied to the Fair Work Commission for approval of the Magnafire Pty Ltd and CEPU Electrical Division Queensland Enterprise Agreement 2023-2026. The CEPU Electrical Division Queensland sought to intervene in the application, arguing that the agreement did not fairly reflect the interests of its members. The Fair Work Commission had to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issue was whether the enterprise agreement contained terms that were inconsistent with the Fair Work Act or the Fair Work Regulations 2009.

The Fair Work Commission examined the provisions of the agreement and considered submissions from both parties. The Commission found that while there were certain terms that did not comply with the Fair Work Act, these terms did not materially affect the overall fairness of the agreement. The Commission concluded that the agreement met the requirements for approval, as it provided for a fair and reasonable framework for the employment relationship between Magnafire Pty Ltd and its employees represented by the CEPU Electrical Division Queensland. The Commission approved the enterprise agreement, subject to certain modifications to bring it into compliance with the relevant legislation.

Magnafire Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established